HomeMy WebLinkAbout20120107 RESOLUTION
RE: ACTION OF BOARD AT INITIAL HEARING CONCERNING RESCINDING AMENDED
USE BY SPECIAL REVIEW PERMIT #1133 - FAULKNER DAIRY II, LLC
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 June 27, 2007, the Board approved the application of Faulkner
Dairy II, LLC, c/o Michael Faulkner, 37440 County Road 51, Eaton, Colorado 80615, for a Site
Specific Development Plan and Amended Use by Special Review Permit #1133 for an
Agricultural Service Establishment, including a Livestock Confinement Operation (a dairy
operation with a total of 9,000 head), as well as the existing permitted Accessory to the Farm
Mobile Homes (6 total), in the A (Agricultural) Zone District on the following described real
estate, being more particularly described as follows:
SW1/4 of Section 29, Township 7 North, Range 64
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
July 28, September 27, and December 15, 2011, and
WHEREAS, on the 11th day of January, 2012, an Initial Hearing was held before the
Board to consider granting additional time to meet all of the conditions/requirements of approval
and record the plat, or set a Final Determination Hearing to Rescind approval of Amended Use
by Special Review Permit#1133 and Deny the application, and
WHEREAS, at said hearing, Tim Naylor, AGRPROfessionals, LLC, represented the
applicant, and
WHEREAS, after hearing all testimony presented, the Board deemed it advisable to
refer the matter back to the Department of Planning Services for processing.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that the applicant has demonstrated a willingness and ability to
complete the process and record the plat and the matter be, and hereby is, referred back to the
Department of Planning Services for processing.
. ?L, UA, AQPI •
2012-0107
-`3'-I D PL0591
INITIAL HEARING CONCERNING RESCINDING AMUSR#1133 - FAULKNER DAIRY II, LLC
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 11th day of January, A.D., 2012.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
• P.
Sean P. C9nway, Chair /
Weld County Clerk to the Board /A
,( 1 Gi
C.
William F. Garcia, Pro-Tem
•
Deputy • erk to the B r•I '� �,/;d Lt! ,,rtilell
. ra Kirk1meye
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AP O D AS, Ma on,1
�� m David E. Long V
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ou Attorney � , it, pI _ a £QZ
uglas(Rademacher
Date of signature: 1'5/-
2012-0107
PL0591
1861 -2011 MEMORANDUM
WEL oI N T r To: Board of County Commissioners
u From: Kim Ogle, Planning Services
Subject: AmUSR-1133, Michael Faulkner
Faulkner Dairy II, LLC
Date: January 11, 2012
The applicant, Faulkner Dairy II, LLC, do Michael Faulkner 37440 County Road 51, Eaton,
Colorado was conditionally approved on June 27, 2007 for an Agricultural Service Establishment
including a Livestock Confinement Operation (A Dairy Operation with a total of 9000 head) as
well as the existing permitted accessory to the farm mobile homes (6 total) in the Agricultural
Zone District.
Timeline:
January 25, 2008 Letter from Cody Hollingsworth with AgPro addressing completed
conditions of approval and two paper plats for review.
Staff accepted compliance with Conditions of Approval No.'s 1.A—
Signage; 1.B — Lighting; 1.C — Landscaping.
Outstanding issues per submittal include: 1.D - Parking and Circulation
Plan; 1.E — Site Grading and Drainage Plan; 1.F Mineral
Owners/Operators Agreement; 1.G and 1.H Environmental issues; 1.1 —
Division of Wildlife Requirements
January 30, 2008 Public Works Memorandum accepted Condition of Approval 1.D Parking
and Circulation Plan. Condition of Approval 1.E Site Grading and
Drainage Plan is not accepted as there has not been a submittal of the
required documents. Public Works references March 27, 2007
Memorandum for requirements
March 6, 2008 Electronic mail from Brian Varrella, Public works requesting C.
Hollingsworth, AgPro submit hard copy of all documents for review.
June 29, 2009 Letter from Kim Ogle, Weld Planning to Michael Faulkner, Faulkner Dairy
II, LLC aka Galeton Dairy requesting notice of proceeding with application
and addressing conditions of approval including the presentation of the
plat to Planning Staff
July 13, 2009 Letter from Don E. Anderson, Director of Client Relations,
SERI.ICE,TEAMWORK INTEGRITY,QUALITY 2012-0107
P Lo 59
AgProfessionals, LLC indicating financial constraints and market
conditions which has created the need to slow the final phase. Further,
Faulkner Dairy II indicates that this project has not been abandoned and it
is the intention of this facility to complete the project and meet all of the
Conditions of Approval as efficiently and timely as possible.
August 23, 2010 Letter from Kim Ogle, Weld Planning to Michael Faulkner, Faulkner Dairy
II, LLC aka Galeton Dairy requesting notice of proceeding with application
and addressing conditions of approval including the presentation of the
plat to Planning Staff
September 3, 2010 Letter from Tim Naylor, AgProfessionals, LLC indicating this project has
not been abandoned and it is the intention of this facility to complete the
project and meet all of the Conditions of Approval as efficiently and timely
as possible. Mr. Naylor requested a three month extension for the plat to
be recorded.
July 28, 2011 First Letter sent to Faulkner Dairy II, LLC, do Michael Faulkner 37440
County Road 51, Eaton, Colorado
August 9, 2011 Letter from Tim Naylor, AgProfessionals, LLC indicating this project has
not been abandoned and it is the intention of this facility to complete the
project and meet all of the Conditions of Approval as efficiently and timely
as possible
August 10, 2011 Letter from Tim Naylor, AgProfessionals, LLC addressing Condition of
Approval 1.H . The July 13, 2011 letter from Chad DeVolin requires
addition information. This item remains outstanding.
August 12, 2011 Paper Plat submitted to Planning for review.
August 17, 2011 Paper Plat reviewed by Planning sent to Public Works for review.
August 22, 2011 Redline comments of review paper plat returned to AgProfessionals, LLC
for amendment and resubmittal
August 22, 2011 Memorandum from Public Works states Condition of Approval 1.D was
approved January 30, 2008 in a Memorandum to H. Hippely and
Condition of Approval 1.E remains outstanding.
September 2, 2011 Letter from K. Ogle, Weld Planning to T. Naylor, AgProfessionals, LLC
outlining outstanding Conditions of Approval
September 27, 2011 Second Letter sent to Faulkner Dairy II, LLC, do Michael Faulkner 37440
County Road 51, Eaton, Colorado. Letter returned as unclaimed.
December 15, 2011 Third Letter sent to Faulkner Dairy II, LLC, do Michael Faulkner 37440
County Road 51, Eaton, Colorado
December 19, 2011 Letter from Tim Naylor, AgProfessionals, LLC stipulating that the applicant
SERVICE,1'EAMWORK,INTEGRI lY,OLALI IY
has met all Conditions of Approval. Staff does not concur with this
assessment.
December 19, 2011 Amended Plat per Planning and Public Works review submitted. Plat is
acceptable pending resolution of outstanding Conditions of Approval.
January 3, 2012 Electronic mail from Troy Swain, Environmental Health stipulating
compliance with Condition of Approval 1.G and 1.H Environmental issues.
January 9, 2012 Outstanding Conditions of Approval include:
1.E — Site Grading and Drainage Plan;
The applicant shall provide the Weld County Department of Public Works Drainage
Division a copy of the site grading and drainage plan for review and approval.
Written evidence of approval shall be submitted to the Department of Planning
Services. (Department of Public Works)
1.F -- Mineral Owners/Operators Agreement;
The applicant shall either submit to the Weld County Department of Planning
Services a copy of an agreement with the properties mineral owners/operators
stipulating that the oil and gas activities have adequately been incorporated into the
design of the site or show evidence that an adequate attempt has been made to
mitigate the concerns of the mineral owners. (Department of Planning Services)
1.1 — Division of Wildlife Requirements
The applicant shall attempt to address the requirements (concerns) of the
Colorado Division of Wildlife, as stated in the referral response dated November
28th, 2006. Evidence of such shall be submitted in writing to the Weld County
Department of Planning Services. Referral memorandum attached.
SERVICE,TEAMWORK INTEGRITY,QUALI IY
Kim Ogle
From: Troy Swain
Sent: Tuesday, January 03, 2012 9:27 AM
To: Kim Ogle
Subject: AmUSR1133 Faulkner II/Galeton Dairy
AmUSR-1133 Faulkner II/Galeton Dairy
Please accept this e-mail as the Environmental Health Division's approval of Health Department related prior to
recording the plat conditions 1. G & 1H of AmUSR-1133. Please delete the previous message with the old logo under the
signature block. Thanks,
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)
'R<•
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.
1
AGPROfessiona1s , LLC
■ DEVELOPERS OF AGRICULTURE
RECEIVED
December 19, 2011
DEC 2 9 2011
Weld County Harming Department
GREELEY OFFICE
Mr. Kim Ogle
Weld County Department of Planning Services
Greeley Planning Office
918 Tenth Street
Greeley, CO 80631
RE: Amended Use by Special Review#1133 AGPRO Project #1700-10
Dear Mr. Ogle,
Regarding the status of the associated conditions of land use permit AmUSR#1133, this letter
is to clarify the conditions of approval that need to be completed prior to recording the plat.
Condition 1A. Signage—.The plat has been amended to reflect the sign code, Chapter 23,Article IV,
Division 2 of the Weld County Code.
Condition 1B.Lighting—The lighting plan conforms to the Operation Standards addressed in Weld
County Code Section 23-2-250 D.
a. The lighting has been delineated on the plat.
b. The plat has been amended with an appropriate lighting detail.
Condition IC.Landscaping/Screening Plan-The landscaping/screening plan has been delineated
on the plat. The existing trees have been in place and there have been no concerns with screening and
the trees are of sufficient height for screening.
Condition IE. Site Grading and Drainage Plan—We respectfully request that this condition has
been met.
a. Site grading and drainage has been constructed in accordance with State and Federal
regulations
b. The plat has been amended to depict drainage patterns with flow arrows
Condition 1, G, H.Environmental—The environmental compliance is complete as shown by the
approved CAFO Colorado Discharge permit.
Condition IF.Mineral Owners/Operators Agreement—An adequate attempt has been made to
mitigate the concerns of the mineral owners. Referrals were sent to all mineral owners and no issues
were submitted.
ENGINEERING, SURVEYING, PLANNING & CONSULTING
4350 Highway 66 Longmont, CO 80504
970.535.9318 /office O 970.535.9854 / fax ❑ www.agpros.com
Condition HI. CO Division of Wildlife Requirements—Every effort has been made to address the
concerns of the Division of Wildlife. All wastewater ponds, storage facilities and structures have been
built in accordance with State and Federal Regulations.
Should you need additional information, call me at 970-535-9318 or electronically at
tnaylor@agpros.com
agpros.com
Sincerely,
Tim Naylor
Planning Consultant
Cc: Mr. Mike Faulkner— Faulkner Dairy#2, LLC
Permit No. COA-931000
Facility No. COA-931029
Page 1
CERTIFICATION
CDPS GENERAL PERMIT
CONCENTRATED ANIMAL FEEDING OPERATIONS
This permit specifically authorizes Galeton Dairy
to discharge from its production area
to surface waters
as of November 28,2011.
This permit also authorizes the facility to discharge from land application sites to surface waters when the facility is
operated in compliance with the permit conditions set forth herein.
The applicable storm event for ponds 2,4,B,5, 6B,7C, 8D, 11 and N is the 25-year,24-hour storm. The applicable storm
event for ponds IA and 3A is the chronic storm.
A spillway exemption has been approved for ponds 1A,C, 5, 6B,and 7C.
SPECIAL CONDITIONS
Certification No. COA-931029
Page 1
RATIONALE FOR CERTIFICATION
GALETON DAIRY
CDPS PERMIT NUMBER COA-931000
CERTIFICATION NUMBER COA-931029
TYPE OF PERMIT Colorado Concentrated Animal Feeding Operations General Permit
IL FACILITY INFORMATION
A. Facility Type: Concentrated Animal Feeding Operation -Dairy Operation
B. Fee Category: Category 05, Subcategory I
Permitted Capacity: 9,178 Animal Units
Annual Fee: $1,576($750 +($0.09 x 9,178 Animal Units])
C. Legal Contact: Mike Faulkner
300 East 16`h Street, Suite 301
Greeley, CO 80631
Office- (970) 356-3693
Mobile- (970) 381-5410
D. Facility Contact: Joe Pelz
300 East 16th Street, Suite 301
Greeley, CO 80631
Office- (970) 356-3693
Mobile-(970) 381-1904
E. Facility Location: 37430 Weld County Road 51
Eaton, CO 80615
Weld County
III. FACILITY DESCRIPTION
Galeton Dairy(facility) is a dairy operation with a confinement capacity of 3,600 mature dairy cows, 3,630 dairy
heifers, and 400 calves. The facility includes seven single-stage impoundments (ponds N, IA, 2, 3A, 4, B, and II)
and a four-stage impoundment(ponds 5, 6B, 7C, and 8D)for wastewater containment. In addition the facility
utilizes one solids settling basin (pond C) and seven manure push-pits. The facility land applies wastewater on
land application sites owned by or under the control of the facility. Manure is stored and composted at the facility
until land applied or released to third parties. The volume of process wastewater and runoff generated at the
facility as a result of the 25-year, 24-hour storm is greater than that from the chronic storm. The exceptions are
ponds IA and 3A where the chronic storm results in greater run-off. Spillways exist on the southeast corners of
ponds B, N, 8D, and 11 for directing overflow and are the discharge monitoring points for the facility. Spillways
exist on ponds 2, 3A, and 4 for directing overflow into adjoining impoundments. Ponds C, 5, 6B, and 7C are
connected to adjoining impoundments via overflow pipes. Pond IA receives very little direct run-off and primarily
stores process wastewater from the milking barn. A pump is in place to manage the storage volume in pond IA,
with wastewater being transferred to the four-stage impoundment as necessary. Based on the above information,
the Ag Program approves spillway exemptions for ponds C, IA, 5, 6B, and 7C. A portion of the southeast corner
of the production area, including ponds IA, 2, 3A, 4 and B, is located within the 100-year flood plain.
Documentation provided by the facility adequately demonstrates that the berms in place between Willow Creek
and the southeast corner of the production area (including ponds IA, 2, 3A, 4 and B) act as reasonable protection
from inundation by a 100-year flood.
ISSUED AND EFFECTIVE: NOVEMBER 28,2011 EXPIRATION: AUGUST 13, 2010*
*ADMINISTRATIVELY EXTENDED: AUGUST 14,2010
Certification No. COA-931029
Page 2
The impoundment storage volumes for the applicable storm event are shown below:
Impoundment Name Pond 2 Pond 3A Pond 4 Pond B Pond IA Ponds Pond 11 Pond N
5-8D
Volume at 2 feet offreeboard(acre-feet) 3.5 4.7 3.5 2.3 20.8 12.2 1.4 7.0
Volume ofnmofffrom area tributary
(acre-feet) 23.4
IV. CERTIFICATION REQUIREMENTS
A. The facility is not a "Housed Commercial Swine Feeding Operation"as that term is defined at 25-8-
501.1(2)(b), C.R.S.
B. The facility is not a CAFO for which a Total Maximum Daily Load(TMDL) has been established for the
facility.
C. A discharge is not to surface water for which there is an applicable control regulation that limits the quantity
or concentration of total phosphorus or total nitrogen in a discharge.
D. The facility's rain gauge is capable of accurately measuring precipitation to a detection limit of 0.1 inch. An
acceptable Standard Operating Procedure for measuring precipitation was provided as part of the permit
application.
E. All impoundments were designed by a professional engineer and have been designed and constructed in
accordance with the standards of the Natural Resources Conservation Service, Field Office Technical Guide,
Section IV, or equivalent.
F. All impoundments, except those not required to have spillways, or that have an approved spillway exemption,
have spillways that are properly designed and constructed to prevent erosion and to maintain structural
integrity of the impoundment.
G. For Large Dairy Cow, Cattle, Swine, Poultry and Veal Calf CAFOs, depth markers have been installed in all
open surface impoundments and terminal tanks, in accordance with Part III.B.4. of the general permit
(permit).
V. CONFORMANCE WITH CERTIFICATION REQUIREMENTS
Based on the information presented in Section IV above, the facility meets the requirements for certification tinder
the permit as required at Part LE of the permit.
VI. NUTRIENT MANAGEMENT PLAN
A Nutrient Management Plan (NMP) that meets the requirements of Part IILD of the permit must be developed
and implemented upon the date of permit coverage.
Once implemented, the NMP must be kept on-site as long as the operation is certified under the permit.
VII. RECORDKEEPING REQUIREMENTS
The permittee is required to maintain records as specified in Part III, Section H of the permit.
ISSUED AND EFFECTIVE: NOVEMBER 28, 2011 EXPIRATION: AUGUST 13, 2010*
*ADMINISTRATIVELY EXTENDED: AUGUST 14,2010
Certification No. COA-931029
Page 3
VIII. MONITORING REQUIREMENTS
All monitoring shall be conducted in accordance with Part III, Section G of the permit.
IX REPORTING REQUIREMENTS
Reporting requirements are specified in Part III, Section I of the permit.
A. Signatory Requirements: Signatory requirements for reports and submittals are discussed in Part III,
Section J of the permit.
B. Special Reports: Special reports are required in the event of a spill, bypass, or other noncompliance. Please
refer to Part III, Section 1.3 of the permit for reporting requirements.
X REOPENER, PERMIT RENEWAL,AND FEE INFORMATION
A. Reopener: The permit may be modified, suspended, or revoked in whole or in part during its term for any
reason outlined in Part IV, Section B.8 of the permit.
B. Renewal: Requirements for permit renewal are discussed in Part IV, Section B.9 of the permit.
C. Fee Information: Permit fee requirements are outlined in Part IV, Section B.11 of the permit.An annual fee
must be paid to the Colorado Department of Public Health and Environment to maintain the status of the
permit.
XL REFERENCES
A. Natural Resources Conservation Service, Field Office Technical Guide, Section IV.
Chad DeVolin
Environmental Agriculture Program
Colorado Department of Public Health and Environment
November 28, 2011
ISSUED AND EFFECTIVE: NOVEMBER 28, 2011 EXPIRATION: AUGUST 13, 2010*
*ADMINISTRATIVELY EXTENDED: AUGUST 14,2010
1861 - 2011
DEPARTMENT OF PLANNING SERVICES
1555 N 17th Avenue
Greeley, CO 80631
WELD_ -COUNTY kogle@co.weld.co.us
PHONE: (970) 353-6100, Ext. 3549
FAX: (970) 304-6498
December 15, 2011
Michael Faulkner
Faulkner Dairy II, LLC
37440 County Road 51
Eaton, Colorado 80615
Certified Mail: 7008 0500 0000 5617 1910
Subject: 3rd Letter - Outstanding Conditions of Approval and Items to be Completed Prior to Recording the Plat for
Amended Use by Special Review, AmUSR-1133.
Dear Mr. Faulkner:
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 and September concerning the same topic.
On June 27, 2007 your application for an Amended 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 eighty (180) 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 11, 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 Amended Use by Special
Review, AmUSR-1133 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: Kim Ogle, 1555 N 17`"Avenue, Greeley, CO 80631. If you have further questions,
please contact me at the above address or call (970) 353-6100 x 3549.
Sincerely,
Kim le
Planner III
U.S. Postal Service7a,
CERTIFIED MAIL. RECEIPT
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Attn: Kim Ogle Sent To
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PS Form 3800.August 2006 See Reverse for Instructions
RE: Amended Use by Special Review Application (AmUSR-1133)
Dear Mr. Ogle,
We wish to withdraw our Amended 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
SENDF'; i:UMPLETE THIS SEC TON COMPLETE THIS SECTION ON DELIVERY
• Complete items 1,2,and 3.Also complete A. Si ure1 ),_���,
item 4 if Restricted Delivery is desired. � rt �„(-� „ '`"c ❑Agent
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1861 - 2011
DEPARTMENT OF PLANNING SERVICES
1555 N 17th Avenue
Greeley, CO 80631
W E LD-e O U N T Y kogle@co.weld.co.us
PHONE: (970) 353-6100, Ext. 3549
FAX: (9(970) 304-6498
September 27, 2011
Michael Faulkner
Faulkner Dairy II, LLC
37440 County Road 51
Eaton, Colorado 80615
Certified Mail: 7008 0500 0000 5617 1767
Subject: 2n° Letter - Outstanding Conditions of Approval and Items to be Completed Prior to Recording
the Plat for Amended Use by Special Review, AmUSR-1133.
Dear Mr. Faulkner:
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 June 27, 2007 your application for an Amended 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 eighty (180) 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 11, 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 Amended Use by Special Review, AmUSR-
1133 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: Kim Ogle, 1555 N 17"Avenue, Greeley, CO 80631.
If you have further questions, please contact me at the above address or call (970) 353-6100 x 3549.
Sinc ly,
im
Plan II
September 27, 2011
Department of Planning Services
Attn: Kim Ogle
1555 N. 17th Avenue
Greeley, CO 80631
RE: Amended Use by Special Review Application (AmUSR-1133)
U.S. Postal Service If,
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1861 - 2011
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and outstanding land use permits. You are Z Q
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1861 - 2011 DEPARTMENT OF PLANNING SERVICES
PLANNING DIVISION
1555 N. 17TH AVENUE
GREELEY, CO 80631
W E LD_-,€ O U N T Y 970-353-6100 EXT 3549
FAX 970-304-6498
kogle(c7caweld.co.us
September 2, 2011
Mr. Tim Naylor
AGPROfessionals, LLC
4350 Highway 66
Longmont, Colorado 80504
Subject: Michael Faulkner dba Galeton /Faulkner Dairy II
Weld County Land Use Case No. AmUSR-1133
Dear Tim:
The Department of Planning Services is in receipt of your letter dated August 10, 2011 and the plat associated
with the Galeton/ Faulkner II Dairy, County land use case number AmUSR-1133. Staff review of the submitted
plat has several requested amendments prior to submitting for recording, further, staff determined the following
items under the heading of"Prior to Recording the Plat" require additional attention and resolution, please see
attached.
1. Prior to recording the plat:
A. The applicant shall delineate any on-site sign(s). Signs shall adhere to Article IV Division
2 of the Weld County Code as it related to signs in the A (Agricultural) Zone District.
Comment: Two Dairy signs are noted on the plat, however there is not a
dimension as to size or if signs meet the appropriate permitting requirements.
B. The applicant has not indicated that there will be any lighting on site. If lighting is
intended a Lighting Plan, including cut sheets of the intended lights, shall be provided to
the Department of Planning Services for review and approval. The lighting plan shall
adhere to the lighting requirements for off-street parking spaces per Section 23-4-30.E of
the Weld County Code and shall adhere to the lighting standards, in accordance with
Section 23-2-250.D of the Weld County Code. Further, the approved Lighting Plan shall
be delineated on the plat. Comment: Staff identified no lights on the submitted plat.
C. The applicant shall submit a Landscape/Screening Plan to the Department of Planning
Services for review and approval. The plant material or other screening shall be placed
between the road right-of-way and the proposed improvements. The buffer strip shall be
a minimum of ten (10)feet in width and run the length of the property line. Upon approval,
the Landscape/Screening Plan shall be placed on the plat. Comment: Trees are
identified on the plat, however if the trees and conifer's the height of the tree
should be called out. As the purpose of the trees is to screen the facility in lieu of
fencing, the trees should be of sufficient height to ensure this requirement.
D. The applicant shall provide both the Weld County Department of Public Works and the
Department of Planning Services with an updated access, site circulation, loading, and
parking plan for review and approval. This plan shall address the concerns of the
Department of Public Works memoranda dated March 27, 2007. Written evidence of the
Department of Public Works approval shall be submitted to the Department of Planning
Services. Comment: Condition Met.
E. The applicant shall provide the Weld County Department of Public Works Drainage
Division a copy of the site grading and drainage plan for review and approval. Written
evidence of approval shall be submitted to the Department of Planning Services.
Comment: Please refer to Memorandum from Clay Kimmi to Kim Ogle dated
August 22, 2011 for discussion on this point.
F. The applicant shall either submit to the Weld County Department of Planning Services a
copy of an agreement with the properties mineral owners/operators stipulating that the oil
and gas activities have adequately been incorporated into the design of the site or show
evidence that an adequate attempt has been made to mitigate the concerns of the
mineral owners. Comment: this issue is not resolved
G. The applicant shall provide to the Department of Public Health and Environment (DPHE)
documentation, prepared by a Colorado Registered Professional Engineer, that all
wastewater impoundments for the confined animal feeding operation (CAFO) meet
seepage rate standards of Colorado Water Quality Control Commission Regulation 81
[81.5(2)]. Written evidence of approval by the DPHE shall be provided to the Department
of Planning Services. Comment: This item is under review by Environmental Health,
pending comment.
H. The applicant shall provide evidence to the DPHE that a Standard Operating Procedure
for sludge and manure removal (cleaning of impoundments to maintain capacity) has
been submitted for approval to the Colorado Water Quality Control Division required by
Colorado Water Quality Control Commission Regulation Number 81 [81.5 (3)]. Written
evidence of approval by the DPHE shall be provided to the Department of Planning
Services. Comment: This item is under review by Environmental Health, pending
comment.
The applicant shall attempt to address the requirements (concerns) of the Colorado
Division of Wildlife, as stated in the referral response dated November 28th, 2006.
Evidence of such shall be submitted in writing to the Weld County Department of
Planning Services. Comment: this issue is not resolved
J. The plat shall be amended to delineate the following:
1. All pages of the plat shall be labeled AmUSR-1133.
2. The attached Development Standards. Comment: Utilize spell check and
check punctuation
3. The flood plain shall be delineated on the plat as it is shown on the FEMA FIRM
Community Panel Map # 080266 0495 C. Please refer to Memorandum from
Clay Kimmi to Kim Ogle dated August 22, 2011 for discussion on this point
4. The approved access points to the proposed facility.
5. The approved Lighting Plan. Comment: Staff identified no lights on the
submitted plat.
6. Any on site signs, if applicable. Two Dairy signs are noted on the plat,
however there is not a dimension as to size or if signs meet the appropriate
permitting requirements.
7. The approved Landscaping/Screening Plan. Comment: Trees are identified
on the plat, however if the trees and conifer's the height of the tree should
be called out. As the purpose of the trees is to screen the facility in lieu of
fencing, the trees should be of sufficient height to ensure this requirement.
8. County Road 51 is designated on the Weld County Road Classification Plan as a
future collector which requires 80 feet of right-of-way at full build out. There is
presently 60 feet of right-of-way. The applicant shall verify the existing right-of-
way and the documents creating the right-of-way. An additional 10 feet of right-
of-way shall be delineated on the plat as future County Road 51 right-of-way.
The additional right-of-way shall be either dedicated or reserved, improvements
should not encroach within this future right-of-way. Comment: Please identify
Book and Page and place on plat.
9. County Road 76 as designated on the Weld County Road Classification Plan is a
local gravel which requires 60 feet of right-of-way at full build out. There is
presently 60 feet of right-of-way. The applicant shall verify the existing right-of-
way and the documents creating the right-of-way. Comment: Please identify
Book and Page and place on plat.
10. Spaces reserved for the parking of vehicles and all loading zones shall be
delineated on the plat. This facility shall adhere to the number of on-site parking
spaces indicated in Appendix 23-B of the Weld County Code. The number of on-
site parking for the facility shall be twenty eight (28) spaces. Additionally, each
residence on site shall have two (2) parking spaces. In accordance with Section
23-3-350.B, Section 23-3-350.C, Section 23-3-350.D and Section 23-4-30.C all
parking, loading areas and street access drives shall be surfaced with recycled
asphalt, gravel, recycled concrete, asphalt, concrete or an equivalent material.
The plat shall delineate the location and type of surfacing material. Each parking
space shall be equipped with wheel guards or curb stops when necessary to
prevent vehicles from extending beyond the boundaries of the space and from
coming into contact with other vehicles, walls, fences, or plantings. The location
of all curb stops in the parking areas per Section 23-4-30.D of the Weld County
Code shall be delineated on the plat. Comment: Please delineate on plat.
11. The applicant shall make a reasonable attempt to meet the requirements of the
American with Disabilities Act (ADA) and comply with ADA standards for this
facility. Two (2) non-ambulatory / ambulatory parking spaces shall be identified
on the plat. The parking space must be the closest possible to the entrance.
Should the applicant elect to not adhere to the previously discussed Federal
Standards, this office requests that the applicant outline how their proposed site
design mitigates the requirements of the American's with Disabilities Act.
Comment: Please delineate on plat.
This completes the review of the documents submitted for consideration by Weld County. When there
are additional materials available for review, please submit to this office for review and acceptance.
Should you or one of your representatives require another meeting for direction, please contact the office
of planning at 970-353-6100 extension 3540.
Sincerely,Ilin-ce— �� @io,,.,,,,
Kim Ogle
Planner III
File: AmUSR-1133;Galeton/Faulkner Dairy
pc. Michael Faulkner,w/o attachment
861 201 MEMORANDUM
TO: Kim Ogle, Planning Services DATE: August 22, 2011
FROM: Clay Kimmi, P.E., CFM, Public Works
WELD___CO NTY
SUBJECT: AmUSR-1133, Faulkner Dairy
Public Works has reviewed the information submitted for AmUSR-1133. Based on information contained in the
file, Condition 1D relating to the parking and circulation of the resolution was accepted by Public Works in a
memo to Hannah Hippely dated January 30, 2008. The applicant has not addressed any of the remaining
Public Works issues outlined in the March 27, 2007 memo.
According to the January 30, 2008 memo, Condition 1 E of the resolution remains outstanding. No information
has been received since the January 30, 2008 memo was sent to the Planning Department. The following
items remain outstanding and must be addressed prior to the recording of the plat:
1. The applicant shall provide a copy of the Site Grading and Drainage Plan for review and approval. The
Weld County Public Works Department has not received either of these two items.
2. As stated in the Public Works memo dated March 27, 2007, the Storm Water Drainage and Flood Plain
paragraphs need to be addressed. FEMA Flood Zone A is identified through the center of the
Faulkner's Dairy between the existing and proposed improvements as such.
3. The applicant shall show the flood zone boundaries on the plat and label the boundaries with the
appropriate panel number and effective date.
4. The applicant shall apply for a Flood Hazard Development Permit per Weld County Code 23-2-450.
5. It appears that proposed Ponds No. 1 and No. 2 and a 5 foot control berm are within the floodway
boundary. No berms, ponds, levees, fill, or any other development may be permitted in the floodway
per Weld County Code 23-5-250 B.
6. The following floodplain notes must be added to the Development Standards shown on the plat.
a. WARNING: LOTS MAY NOT BE BUILDABLE DUE TO FLOODPLAIN OR FLOODWAY
DESIGNATION. Please be advised that owners of property may not be able to obtain building
permits to construct structures. All construction or improvements occurring in the floodplain as
delineated on Federal Emergency Management Agency FIRM Community Panel Map #080266-
0495C dated September 28, 1982, shall comply with the Flood Hazard Overlay District
requirements of Chapter 23, Article V, Division 3 of the Weld County Code and all applicable FEMA
regulations and requirements as described in 44 CFR parts 59, 60, and 65.
b. Flood hazard development permits will be required for development activities located within the
FEMA mapped Willow Creek Floodplain. The FEMA definition of development is any man-made
change to improved or unimproved real estate, including by not limited to buildings or other
structures, mining, dredging, filling, grading, paving, excavation, drilling operations, or storage of
equipment and materials.
c. The installation of any septic system within the 100-year floodplain shall comply with the Weld
County I.S.D.S. Floodplain Policy. In accordance with the State of Colorado I.S.D.S. Regulations,
no septic system shall be installed within the floodway.
d. FEMA's floodplain boundaries may be updated at any time by FEMA. Prior to the start of any
development activities, the owner should contact Weld County to determine if the floodplain
boundaries have been modified.
M'.\PLANNING-DEVELOPMENT REVIEw\USR-Use by Special Review\USR-1133\AmUSR-1133 Plat Check 8-22-11.docx
1. Prior to Recording the Plat:
D. The applicant shall provide both the Weld County Department of Public Works and the
Department of Planning Services with an updated access, site circulation, loading, and
parking plan for review and approval. This plan shall address the concerns of the
Department of Public Works memoranda dated March 27, 2007. Written evidence of the
Department of Public Works approval shall be submitted to the Department of Planning
Services.
E. The applicant shall provide the Weld County Department of Public Works Drainage
Division a copy of the site grading and drainage plan for review and approval. Written
evidence of approval shall be submitted to the Department of Planning Services.
F. The applicant shall either submit to the Weld County Department of Planning Services a
copy of an agreement with the properties mineral owners/operators stipulating that the oil
and gas activities have adequately been incorporated into the design of the site or show
evidence that an adequate attempt has been made to mitigate the concerns of the
mineral owners.
G. The applicant shall provide to the Department of Public Health and Environment (DPHE)
documentation, prepared by a Colorado Registered Professional Engineer, that all
wastewater impoundments for the confined animal feeding operation (CAFO) meet
seepage rate standards of Colorado Water Quality Control Commission Regulation 81
[81.5(2)]. Written evidence of approval by the DPHE shall be provided to the Department
of Planning Services.
H. The applicant shall provide evidence to the DPHE that a Standard Operating Procedure
for sludge and manure removal (cleaning of impoundments to maintain capacity) has
been submitted for approval to the Colorado Water Quality Control Division required by
Colorado Water Quality Control Commission Regulation Number 81 [81.5 (3)]. Written
evidence of approval by the DPHE shall be provided to the Department of Planning
Services.
J. The plat shall be amended to delineate the following:
1 All pages of the plat shall be labeled AmUSR-1133
2 The attached Development Standards
3. The flood plain shall be delineated on the plat as it is shown on the FEMA FIRM
Community Panel Map#080266 0495 C.
4. The approved access points to the proposed facility. See
5 The approved Lighting Plan
6 Any on site signs if applicable.
7 The approved Landscaping/Screening Plan.
8. County Road 51 is designated on the Weld County Road Classification Plan as a
future collector which requires 80 feet of right-of-way at full build out. There is
presently 60 feet of right-of-way. The applicant shall verify the existing right-of-
way and the documents creating the right-of-way. An additional 10 feet of right-
of-way shall be delineated on the plat as future County Road 51 right-of-way.
The additional right-of-way shall be either dedicated or reserved, improvements
• •
should not encroach within this future right-of-way. Requires Book and Page
9. County Road 76 as designated on the Weld County Road Classification Plan is a
local gravel which requires 60 feet of right-of-way at full build out. There is
presently 60 feet of right-of-way. The applicant shall verify the existing right-of-
way and the documents creating the right-of-way. Requires Book and Page
10 Spaces reserved for the parking of vehicles and all loading zones shall be
delineated on the plat. This facility shall adhere to the number of on-site parking
spaces indicated in Appendix 23-B of the Weld County Code. The number of on-
site parking for the facility shall be twenty eight (28) spaces Additionally. each
residence on site shall have two (2) parking spaces In accordance with Section
23-3-350 B. Section 23-3-350.C. Section 23-3-350 D and Section 23-4-30 C all
parking. loading areas and street access drives shall be surfaced with recycled
asphalt. gravel, recycled concrete. asphalt. concrete or an equivalent material.
The plat shall delineate the location and type of surfacing material. Each parking
space shall be equipped with wheel guards or curb stops when necessary to
prevent vehicles from extending beyond the boundaries of the space and from
coming into contact with other vehicles. walls. fences. or plantings. The location
of all curb stops in the parking areas per Section 23-4-30 D of the Weld County
Code shall be delineated on the plat.
11. The applicant shall make a reasonable attempt to meet the requirements of the
American with Disabilities Act (ADA) and comply with ADA standards for this
facility. Two (2) non-ambulatory ; ambulatory parking spaces shall be identified
on the plat. The parking space must be the closest possible to the entrance
Should the applicant elect to not adhere to the previously discussed Federal
Standards. this office requests that the applicant outline how their proposed site
design mitigates the requirements of the Americans with Disabilities Act
12. The plat shall be prepared in accordance with Section 23-2-260.D of the Weld
County Code.
Minimum font is 8 pt. all caps, larger if space allows
Legibility of call-out and notes required
Overlapping text with tone shall be eliminated
Book and Page shall be identified for all County Roads
Previous submittal included number of head in Free Stall, Sick Pen, Close-up
Pen and Fresh Cow Pen, is this required to be included?
Center Development Standards Text
Check "hyphens"
Certificate Blocks —Who signs on behalf of the Galeton Dairy? Evidence of such
for signature requested
Accurately delineate the Willow Creek Floodplain
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AGPROfessionals LLC
■ DEVELOPERS OF AGRICULTURE
August l°, 2011 RECEIVED
AUG 1 2 2011
Mr. Kim Ogle Weld Cony -Harming Department
Department of Planning Services GREELEY OFFICE
1555 N. 17`h Avenue
Greeley, Colorado 80631
RE: Conditions of Approval AmUSR-1133 AGPRO Project # 1700-04
Dear Kim:
In review of the USR Conditions of Approval for Michael Faulkner, Faulkner Dairy II, LLC
known as Galton Dairy located at 37440 County Road 51, AGPROfessionals records indicate that
the final Condition of Approval for AmUSR-1133 is Condition 114 requiring that a CAFO
Colorado Discharge Permit has been applied for, or obtained, from the Colorado Water Quality
Control Division. Enclosed is the Review of Application for Coverage under CAFO General
Permit COA-931000 letter from Chad DeVolin, Environmental Agriculture Program. Please
accept this as written evidence that a CAFO application has been applied for and that Condition
1H has been satisfied.
I have also included two copies of the USR site plan for review. Upon final approval, I
will submit a mylar copy for recording.
If you have any questions, please contact me at (970) 535-9318.
Sincerely, .,
'e-
Tim Naylor C j
Planning Consultant
Cc. Michael Faulkner
Attachment: Letter from Chad DeVolin
(2) Site plans
ENGINEERING, SURVEYING, PLANNING & CONSULTING
4350 Highway 66 Longmont,CO 80504
970.535.9318/ office 970.535.9854/fax : www.agpros.com
■■ LC
AGPROfessionals, L
■■ DEVELOPERS OF AGRICULTURE
August 9, 2011 RECEIVED
AUG 11 2011
Mr. Kim Ogle
Weld County Planning Department
Department of Planning Services GREELEY OFFICE
Building Compliance Division
1555 N. 17th Avenue
Greeley, Colorado 80631
RE: Conditions of Approval AmUSR-1133 AGPRO Project# 1700-04
Dear Kim:
In regards to your letter to Michael Faulkner dated July 28, 2011, please be advised that
Mr. Faulkner has contracted AGPROfessionals, LLC to assist in addressing and
completing the BOCC Conditions of Approval and recording the plat.
AGPROfessionals, LLC will work with Weld County staff and Mr. Faulkner to complete
the Conditions of Approval and record the final plat in a timely manner.
If you have any questions, please contact me at (970) 535-9318.
Sincerely, r� x
Tim Naylor
Planning Consultant
Cc. Michael Faulkner
ENGINEERING, SURVEYING, PLANNING & CONSULTING
4350 Highway 66_Longmont,CO 80504
970.535.9318/ office 970.535.9854/fax www.agpros.com
1861 - 2011
DEPARTMENT OF PLANNING SERVICES
1555 N 17th Ave
Greeley, CO 80631
WELP ,C O U N T Y kogle@co.weld.co.us
PHONE: (970) 353-6100, Ext. 3540
FAX: (970) 304-6498
July 28, 2011
Michael Faulkner
Faulkner Dairy II, LLC
37440 County Road 51
Eaton, Colorado 80615
Certified Mail No.: 7010 1870 0000 4773 6713
Subject: Conditions of Approval —Amended Use by Special Review AmUSR-1133
Dear Michael Faulkner:
On June 27, 2007 your application for an Amended Use by Special Review was approved by the Weld
County Board of County Commissioners with specific Conditions of Approval.
One of the required Conditions of Approval in the resolution grants the applicants one hundred eighty
(180) 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: Kim Ogle, 1555 North 17th Avenue, Greeley, CO 80631.
If you have further questions, please contact me at the above address or call (970) 353-6100 x 3540.
Sincerely,
Kle
Planner III
pc: case file
U.S. Postal Service
CERTIFIED MAIL.., RECEIPT
m (Domestic Mail Only;No Insurance Coverage Provided)
M1 F•r•elivery inf•rmati•n visit •ur we•site at www.us•s.c•mr�
Michael Faulkner m OFFICIAL USE
Faulkner Dairy II, LLC ry Postage $
37440 County Road 51
Certified Fee
Eaton, Colorado 80615 O Postmark
O Return ReceiptRequired)
iuiree) Here
0 (EndorsementRRequired)
iceed Delivery e -
t Required)c
M1 Total Postage&Fees $
July 29, 2011 Sent To
o NoAULY t�L�
Street,Apt.No.;
M1
or PO Sox No. 7-7++t `(l. LJ)
cry.State,ziP 4 Etnw 8G 1ri
Kim Ogle
PS Form 3800.August 2006 Sec Reverse for Instructions
Department of Planning Services
1555 North 17th Avenue
Greeley, CO 80631
Subject: Amended Use by Special Review Application (AmUSR-1133)
Dear Kim Ogle:
I (We) wish to withdraw our Amended Use by Special Review Application No. 1133, Thanks.
Please attach documentation that the use is no longer active on the property in question.
Name date Name date
SENDER: COMPLETE THIS SECTION C•mvtETE THIS S[Cn•n ON oeuvenv
• Complete items 1,2,and 3.Also complete A. Sign
Item 4 If Restricted Delivery Is desired. / WC,gent
• Print your name and address on the reverse �..i • 0 Addressee
so that we can return the card to you. B. Ridy( ) C. Date oyD livery
• Attach this card to the back of the maiipiece, '7 dJ c� y4 9/
or on the front if space permits.
D. Is delivery address different from item 1? ❑Y s 1(
1. Article Addressed to: RE C M ED",r address below: ❑ No
FAOL sin D&, I t 1 LLL AG 0 3 2011 '
37 Gg- Weld Counthel „
tetra G6 GRE ELRtr I ❑express Mail
Q�,� � O Registered ❑Return Receipt for Merchandise
ea,jS 0 insured Mail 0 C.O.D.
4. Restricted Deliver)?(Extra Fee) 0 Yes
2. Article Number 7010 1870 0000 4773 6713
(Transfer from service label)
PS Form 3811, February 2004 Domestic Return Receipt 102595-02-M-1540
STATE OF COLORADO
John W.Hickenlooper,Governor co
Christopher E.Urbina,MD,MPH ��0 of pzo
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. Laboratory Services Division #+ran
•.
Denver,Colorado 80246-1530 8100 Lowry Blvd. _-
Phone(303)692-2000 Denver.Colorado 80230-6928 Colorado Department
Located in Glendale,Colorado (303)692-3090 of Public Health
hltp://www.cdphe.state.co.us and Environment
July 13, 2011
Mike Faulkner
Galeton Dairy
300 East 16th Street, Suite 301
Greeley, CO 80631
Subject: Review of Application for Coverage under CAFO General Permit COA-931000
Dear Mr. Faulkner:
On June 8, 2011,the Colorado Department of Public Health and Environment's Environmental
Agriculture Program(Ag Program)received an application from Galeton Dairy(facility) to be certified
under General Permit COA-931000 for Concentrated Animal Feeding Operations (CAFOs). The
Program has reviewed the application and determined it to be incomplete. The Program respectfully
requests that the facility submit the following additional information in support of the application:
1) In part VI.A)of the application,please provide the total number of land application sites owned
by, or under the control of, the applicant.
2) Part VI.C) of the application states that there are seven single-stage ponds, one three-stage pond
and one settling basin at the facility. However, 12 ponds are identified in Attachment B. Please
clarify the actual number of ponds and settling basins located at the facility.
3) In Attachment A,please include a complete discharge flow path for each discharging
impoundment that includes all waterways that connect the first receiving waterway to navigable
water.
4) In Attachment B, please address the following items:
a. Please show the drainage flow of wastewater from the North corral area.
b. Please show the drainage flow of wastewater from the feed and hay storage areas located
in the central portion of the facility, south of the North corral area.
c. Attachment B indicates that the ponds on the east side of the facility, Evap. Pond#5- 8D,
are evaporation impoundments. However, evaporation impoundments were not specified
in part VI.C) as being part of the wastewater management system. Please clarify if these
ponds are managed as evaporation impoundments and if so, please indicate that each
•
•
Mr.Mike Faulkner
July 13,2011
Page 2 of 2
pond meets the Evaporation Storage System Standard found in Section 61.17(8)(a)(i)(C)
of Regulation No. 61.
d. Please label the areas south of Evap. pond#8D. An inspection of the facility by the Ag
Program on October 23, 2009 indicated these areas are used for composting and manure
storage. If the areas are used for composting and manure storage, please demonstrate how
stormwater run-off is captured and maintained in a designated impoundment. Attachment
B shows that run-off from these areas flows west into a land application site and would
not reach an impoundment.
e. Please ensure that all items and locations required to be marked and labeled in the
application are included in Attachment B.
f. Please clarify how process-generated wastewater from the feed area located in the
southwest corner of the production area, at the intersection of Weld County Road 78 and
51, is captured and maintained in a designated impoundment.
g. Attachment B indicates that wastewater flows between ponds C, 1A, 2, 3, 4, and B.
However, no spillways or piping is shown. In addition, a gravity drain pipe that connects
pond#1A to Evap. Pond#5 is shown but it is unclear as to when wastewater would be
transferred to Evap. Pond#5 and when it would flow to pond#2 from pond#1A. Please
explain and clarify the wastewater management system at the facility and how the
numerous ponds are utilized.
h. Section 61.17(8)(ii) of Regulation No. 61 requires that an impoundment have a spillway
that is designed and maintained to prevent erosion of the structural integrity of the
impoundment, except where the operator requests and the Ag Program approves that a
spillway is not required. Please install a spillway on each impoundment currently shown
to not have a spillway(ponds C, 1A, 2, 3, 4 and Evap. Pond 8D) or provide an
explanation as to why the impoundments should be exempt from this requirement.
Upon receipt of the additional information requested above, the Ag Program will continue processing
the application. If you have any questions, please feel free to contact me at 303-692-3614 or via
electronic mail at: chad.devolin(aistate.co.us.
Sincerely,
Chad M. DeVolin
Environmental Agriculture Program
Colorado Department of Public Health and Environment
cc. Permit File—CONPC0029
ec: Phyllis Woodford,Manager,Environmental Agriculture Program, CDPHE
Sean Scott,Workgroup Lead,Environmental Agriculture Program,CDPHE
Lindsay Sartorius,AgProfessionals,LLC
■■ LLC
AGPROfessionals ,
■ DEVELOPERS OF AGRICULTURE
September 3, 2010
Weld County Planning Department
GREELEY OFFICE
SEP n;3 non
Mr. Kim Ogle
Department of Planning Services RECEIVED
Building Compliance Division
1555 N. 17th Avenue
Greeley, Colorado 80631
RE: Amended Use by Special Review# 1133 AGPRO Project# 1700-04
Dear Kim:
In regards to your letter to Galeton Dairy dated August 23, 2010, please be advised that
Galeton Dairy has commenced USR# 1133 and it has not been abandoned. Galeton
Dairy has contracted AGPROfessionals, LLC to assist in addressing and completing the
BOCC Conditions of Approval and recording the plat.
I request that a continuance be granted and, if necessary, a continuance charge be added
for each additional 3 month period until the plat is able to be recorded.
Please submit your response to this request to Galeton Dairy and AGPROfessionals,
LLC.
If you have any questions please contact me at(970) 535-9318.
Sincerely,
i) 7171\ —
Xim Naylor /
Planning Consultant
cc: Mike Faulkner
ENGINEERING, SURVEYING, PLANNING & CONSULTING
4350 Highway 66 o Longmont,CO 80504
970.535.9318/office c 970.535.9854/fax a www.aapros.com
•
•
Kit i 'SSS\
DEPARTMENT OF PLANNING SERVICES
Greeley Planning Office
' 1555 North 17` Avenue
Greeley, Colorado 80631
WEBSITE: www.co.weld.co.us
OE-MAIL: kogle@co.weld.co.us
. PHONE (970) 353-6100, EXT. 3549
FAX (970) 304-6498
COLORADO
August 23, 2010
Michael Faulkner
Faulkner Dairy 2, LLC
(Galeton Dairy)
300 East 16th Street, Suite 301
Greeley, CO 80631-6065
Subject: Amended Use by Special Review# 1133
Dear Michael Faulkner:
The Department of Planning Services is contacting you regarding the approval of AmUSR#1133
through action of the Weld County Board of County Commissioners on June 27, 2007. This land
use permit was conditionally approved pending action by either Faulkner Dairy 2, LLC or your
representative, AgPRO of Longmont, Colorado.
Review of the case file finds little activity after the June 27, 2007 public hearing. Electronic
correspondence (March 6, 2008) between your representative and the Department of Public
Works has occurred, however, there is no evidence of an acceptable result.
This office finds no other activity on this case. 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."
1 • •
At the Commissioners hearing, representatives for Faulkner Dairy 2, LLC requested 180 days to
record the AmUSR #1133 plat. 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 eighty (180) 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.
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 Faulkner Dairy 2, LLC
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 September 10, 2010,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 •g -
Planning Services
ec. S.Arries,Attorney's Office
Planning Correspondence
pc AgProfessionals
4350 Highway 66
Longmont,CO 80504
File: AMUSR 1133
f
AGPROfessionals , LLC
■ DEVELOPERS OF AGRICULTURE
Weld County Planning Department
GREELEY OFFICE
Jill 14 ?Mg
July 13, 2009 RECEIVED
Mr. Kim Ogle
Weld County Department of Planning Services
Greeley Planning Office
918 Tenth Street
Greeley, CO 80631
RE: Amended Use by Special Review #1133 AGPRO Project#1700-03
Dear Mr. Ogle,
Regarding your letter to Mr. Mike Faulkner and Faulkner Dairy 2, LLC dated June 29, 2009
referencing AmUSR#1133, and the status of the associated conditions of this land use permit.
It continues to be the intention of Faulkner Dairy 2, LLC to continue with the associated tasks
to comply with all of the conditions of this land use permit. Written communication was
made to Ms. Hannah Hipley of the Weld County Department of Planning Services on April
13, 2008, stating that all conditions had been met with the exception of Condition 1.H. This
condition requires that the applicant provide the Department of Public Health and
Environment with documentation that a CAFO Colorado Discharge permit has been applied
for, or obtained from the Colorado Water Quality Control Division. In order to meet all
aspects of this CAFO permit application, a number of facility improvements needed to be
completed. The Faulkner Dairy#2 has consistently completed these projects on an ongoing
basis since the spring of 2008, and is currently making progress on the last phase of
improvements.
Financial constraints and market conditions have created the need to slow this final phase
somewhat. It is the intent of the Faulkner Dairy#2 to complete the necessary tasks in a timely
manner in order to finalize the CAFO permit application and submit this application to the
CDPHE Ag Program as soon as possible.
Faulkner Dairy#2, LLC assures you that this project has not been abandoned, and that it is the
intention of this facility to complete the project and meet all conditions of approval of the
referenced resolution as efficiently and timely as possible. Your acceptance of this
explanation is appreciated.
ENGINEERING, SURVEYING, PLANNING & CONSULTING
4350 Highway 66 Longmont, CO 80504
970.535.9318 /office 0 970.535.9854/ fax ❑ www.agpros.com
Should you need additional information, please contact Tim Naylor or me at 970-535-2318 or
electronically at tnaylor(aiagpros.com or danderson(a�agpros.com.
Sincerely,
Don E. Anderson
Director of Client Relations
Cc: Mr. Mike Faulkner—Faulkner Dairy#2, LLC
•
ret
DEPARTMENT OF PLANNING SERVICES
Greeley Planning Office
918 Tenth Street
Greeley, Colorado 80631
WEBSITE: www.co.weld.co.us
OE-MAIL: kogle@co.weld.co.us
. PHONE (970) 353-6100, EXT. 3549
FAX (970) 304-6498
COLORADO
June 29, 2009
Michael Faulkner
Faulkner Dairy 2, LLC
(Galeton Dairy)
300 East 16th Street, Suite 301
Greeley, CO 80631-6065
Subject: Amended Use by Special Review# 1133
Dear Michael Faulkner:
The Department of Planning Services is contacting you regarding the approval of AmUSR#1133
through action of the Weld County Board of County Commissioners on June 27, 2007. This land
use permit was conditionally approved pending action by either Faulkner Dairy 2, LLC or your
representative, AgPRO of Longmont, Colorado.
Review of the case file finds little activity after the June 27, 2007 public hearing. Electronic
correspondence (March 6, 2008) between your representative and the Department of Public
Works has occurred, however, there is no evidence of an acceptable result.
This office finds no other activity on this case. 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, representatives for Faulkner Dairy 2, LLC requested 180 days to
record the AmUSR #1133 plat. 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 eighty (180) 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 Faulkner Dairy 2, LLC
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 Friday 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,
e
P ning Services
Enclosures
pc: S.Arries,Attorney's Office
T.Honn,Director
A.Siron,Compliance
File: AMUSR 1133
• • Page 1 of 1
Kim Ogle
From: Brian Varrella
Sent: Thursday, March 06, 2008 3:14 PM
To: Cody Hollingsworth
Cc: Don Dunker; David Bauer; Kim Ogle
Subject: RE: Galeton Dairy USR - 1133
Cody,
Thank you for this information. Please print everything hard-copy and send to your planner. We will
begin our clock when we receive a referral from Planning.
Brian
********************************
Brian K.Varrella, P.E., CFM
Weld County Public Works
1111 H Street
Greeley, CO 80631
phone: 970-304-6496
fax: 970-304-6497
bvarrelluAco.weld.co.us
********************************
From: Cody Hollingsworth [mailto:chollingsworth@agpros.com]
Sent: Thursday, March 06, 2008 3:12 PM
To: Brian Varrella
Subject: Galeton Dairy USR - 1133
Brian,
I have attached the letter to amend the site map as we discussed as well as the site grading and drainage
plan. Please contact me upon your review if this is acceptable.
Thank you for your cooperation in the matter.
Regards,
Cody Hollingsworth
Planner/Broker
AGPROfessionals LLC
720-684-7219
chollingsworth@agpros com
03/06/2008
• Weld County Planning Department
GREELEY OFFICE
Kai MEMORANDUM FFB 012008
RECEIVED
TO: Hannah Hippely, Planning Services DATE: 1/30/2008 FROM: Donald C� SUBJECT: AmUSRr1 Administrator
1133, Michael Faulkner, Faulkner Dairy
COLORADO (Galeton Dairy)
The Weld County Public Works Department has received a copy of the letter from Agpro requesting approval
of conditions.
ConditionlD.Parking/Circulation Plan: The applicant has submitted two 8.5" x 11" drawings identifying the
on-site parking including curb stops and four-inch pipe curb stops along with identifying ADA spaces available
at both parking locations. These items are acceptable.
The ADA parking spaces shall meet all ADA standards.
Condition 1E. Site Grading and Drainage Plan: The applicant shall provide David Bauer or Brian Varrella,
Weld County Public Works Department, Storm Water Drainage Division, with a copy of the Site Grading and
Drainage Plan for review and approval. The Weld County Public Works Department has not received either of
these two items.
As stated in Condition le, Willow Creek, and it's associated flood zones occupy the center of the site. No
structures are proposed to be constructed in the flood zone.
As stated in my memo dated March 27, 2007, the Storm Water Drainage and Flood Plain paragraphs need to
be addressed. FEMA Flood Zone A is identified through the center of the Faulkner's Dairy between the
existing and proposed improvements as such.
The applicant shall show the flood zone boundaries on the plat.
The applicant shall apply for a Flood Hazard Development Permit per Weld County Code 23-2-450.
It appears that proposed Ponds No. 1 and No. 2 are within the floodway boundary. You need to resolve this
issue with David Bauer or Brian Varrella, Weld County Public Works, Storm Water Drainage Division, through
the Flood Hazard Development Permit application process. No berms, ponds, levees, fill, or any other
development may be permitted in the floodway per Weld County Code 23-5-250 B.
Planning Services should have provided the applicant with our memo dated March 27, 2007, as you have
referred to this prior in Paragraph 1D and Michael Faulkner, Faulkner Dairy was listed under the "pc:" on the
memo from Public Works.
pc: AmUSR-1133
Cody Hollingsworth, Agpro Complete Land & Resource Solutions
M:\PLANNING-DEVELOPMENT REVIEW\USR-Use by Special Review\AmUSR-1133-C.DOC
•
MEMORANDUM
TO: Hannah Rippely, Planning Services DATE: March 27, 2007
FROM: Donald Carroll, Engineering Administrator
SUBJECT: AmUSR-1133, Faulkner Dairy
The Weld County Public Works Department has reviewed this proposal. This project falls primarily under the
purview of the Use by Special Review Standards, Weld County Code, Chapter 23, Article II, Division 4; Section
23. Our comments and requirements are as follows:
COMMENTS:
Weld County Road Classification Plan (FHU): (June 2002)
WCR 51 is classified as a future collector roadway. This classification of road requires an 80-foot right-of-way
(ROW) at full build out. There is presently a 60-foot right-of-way. This road is paved maintained by Weld
County.
WCR 76 is classified as a local roadway with a right-of-way width of 60-feet. WCR 76 currently has 60-feet of
right-of-way. It is a gravel road.
Pursuant to the definition of SETBACK in the Weld County Zoning Ordinance (23-1-90), the required setback
for future buildings as part of this development is measured from the future right-of-way line.
REQUIREMENTS:
Access: The applicant currently has five access points onto WCR 76 and four onto WCR 51. The site plan
shows maintaining all of these access locations. The applicant should consider consolidation of access onto
WCR 51 as its classification dictates a more limited access criterion to maintain level of service. All upgraded
access points should meet the requirements outlined in Section 23-2-240; part 9.
The applicant refers to roadside borrow ditches as a means to separate and convey storm water without
combining it with effluent from the dairy site. This designation as a separate system dictates that the applicant
ensure pipe/culvert crossings at every access location.
Off-Street Parking: It is unclear from the USR plot plan submittal where, if any, off street parking is provided
for employees and delivery trucks. The applicant should further address this issue. Designated parking areas
should be surfaced with an all weather surfacing material.
The Department of Planning Services will determine the appropriate number of parking spaces as dictated by
the proposed use. All parking spaces will be required to use wheel stops to delineate parking from walk or
pedestrian travel areas.
Easements & Rights of Way: The applicant is required to identify and dimension, on the plat drawing, the
type and location of all easements and ROW on or adjacent to, the subject parcel. The proposed
improvements should be located in a manner as to not encroach or limit the use of these easements or ROW.
• •
Future ROW for WCR 51: The applicant is required to dedicate or reserve the future right-of-way for WCR 51
along the proposed USR site. Improvements should not encroach within this future right-of-way.
Identification Sign: The applicant has not indicated on the plot map the desire to install any additional
identification signs for the facility. This should be identified on the plat, if appropriate, and be located outside
any future right-of-way or easements. (Ch. 23, Article VI, Division 2)
Soils: A soils report for the site has not been provided. A soils investigation should be completed to
determine subgrade suitability for the proposed buildings and construction.
Storm Water Drainage: The applicant discusses a management plan for storm water as part of his Nutrient
Management Plan. However, this plan does not provide the appropriate runoff calculations to determine if the
sizing and location of the proposed detention ponds is adequate. This work must comply with the Urban Storm
Drainage Criteria —Weld County modifications (Code Chapter 8, Article XI, Appendix 8L). All detention, water
quality and release standards will need to be met. In addition, a contoured map will be required to assist in the
review of all basin delineation and runoff calculations (23-2-260 5 (7))
Floodplain: The applicant identifies the drainage way that bisects the property as a regulated floodplain. As
such the applicant shall show the floodplain boundaries and apply for a flood hazard development permit.
Traffic Generation: The applicant discusses the proposed traffic generation in question 5f of the USR
application. A total of 75 employees (an additional 30) are identified as well as 36 truck trips per day. This
totals approximately 186 trips per day. This coupled with the background traffic on WCR 76 will require the
applicant to enter into an offsite road improvement agreement to chemically stabilize this gravel road along the
entire south boundary of this USR.
pc: Michael Faulkner- Faulkner Dairy
AmUSR-1133
AGtRO 0 LAN ripRo
COMPLETE LAND AND RESOURCE SOLUTIONS
In Situ Liner Test Report — Galeton Dairy Farms
Seepage rates are calculated by applying Darcy's Law for permeability analysis. The hydraulic
permeability (k) for these lagoons was calculated using data collected by AGPROfessionals,
LLC.
The seepage rate was measured with liquid in the pond. This data was corrected for temperature
changes during the test. From the data collected, the k value was calculated. The calculated k
value was used to determine the seepage rate at maximum liquid depth of the pond. Since liquid
is in the pond during testing, an industry standard liner depth of I ft. is assumed.
. Darcy's Law is the primary model used to design and evaluated effectiveness of liners in
manure storage facilities. Darcy's Law relates the amount of seepage expected to occur to
particular soil characteristics, liner thickness,and maximum depth of liquid in the pond where:
v= k(H +d)/d
v=Seepage Rate(cm/sec)
,` k=Permeability coefficient of soil liner(cm/sec)
1v
U H=Maximum liquid depth(ft)
,. „,j.„,_,,_ ) d=Thickness of liner(ft)
�O:'•. 1 Wayne E. Eckas, P.E.
The pond liner testing procedure, data collection, and
calculations were completed under my supervision.
The resulting hydraulic permeability laboratory results are reported in cm/s. Final seepage rates
can then be calculated as followed:
Calculated
Seepage
Measured Maximum Maximum Rate at
Measured Seepage Desired Allowed Maximum
Calculated Liquid Rate at Pond Pond Pond Allowed
Permeability Depth Test Liner Liquid Liquid Liquid
Factor'k' During Depth Thickness Depth Depth Depth
Pond (cm/s) Test (ft) (cm/s) (ft) (ft) (ft) (cm/s)
ID 'k' 'H' 'v' 'd' 'H' 'H' 'v'
#1 6.92E-08 3 2.77E-07 1 6 6 4.84E-07
ENGINEERING, PLANNING, CONSULTING & REAL ESTATE
AGPROfessionals, LLC/LANDPROfessionals, LLC
4350 Highway 66• Longmont,CO 80504
970.535.9318 /office• 303.485.7838 /metro■970.535.9854 / fax• www.agpros.com
AGtRO !I LANSPRO
COMPLETE LAND AND RESOURCE SOLUTIONS
In Situ Liner Test Report — Galeton Dairy Farms
Seepage rates are calculated by applying Darcy's Law for permeability analysis. The hydraulic
permeability (k) for these lagoons was calculated using data collected by AGPROfessionals,
LLC.
The seepage rate was measured with liquid in the pond. This data was corrected for temperature
changes during the test. From the data collected,the k value was calculated. The calculated k
value was used to determine the seepage rate at maximum liquid depth of the pond. Since liquid
is in the pond during testing, an industry standard liner depth of 1 ft. is assumed.
Darcy's Law is the primary model used to design and evaluated effectiveness of liners in manure
storage facilities. Darcy's Law relates the amount of seepage expected to occur to particular soil
characteristics, liner thickness, and maximum depth of liquid in the pond where:
v=k(H +d)/d
r v=Seepage Rate(cm/sec)
), k=Permeability coefficient of soil liner(cm/sec)
k ., '1nH=Maximum liquid depth(ft)
.� yJ d=Thickness of liner(ft)
Wayne E. Eckas, P.E.
(,.l 12:667 The pond liner testing procedure,data collection, and
calculations were completed under my supervision.
The resulting hydraulic permeability laboratory results are reported in cm/s. Final seepage rates
can then be calculated as followed:
Calculated
Seepage
Maximum Maximum Rate at
Measured Measured Desired Allowed Maximum
Calculated Liquid Seepage Pond Pond Pond Allowed
Permeability Depth Rate at Liner Liquid Liquid Liquid
Factor'k' During Test Depth Thickne Depth Depth Depth
Pond (cm/s) Test (ft) (cm/s) ss(ft) (ft) (ft) (cm/s)
ID 'k' ,D, 'v, ,d, ,H, ,A, ,v,
Pond 2 -2.27E-07 2 -6.81E-07 1 4 4 -1.14E-06
Pond 4 -2.29E-08 3 -9.16E-08 1 3 3 -9.16E-08
Pond 5 Impermeable 3 0.00E+00 1 4 4 Impermeable
Pond 6 -1.49E-07 3 -5.96E-07 1 4 4 -7.45E-07
Pond B -1.53E-07 2 -4.59E-07 1 5 5 -9.18E-07
Pond C Impermeable 5 0.00E+00 1 5 5 Impermeable
ENGINEERING, PLANNING, CONSULTING & REAL ESTATE
AGPROfessionals, LLC/LANDPROfessionals, LLC
4350 Highway 66• Longmont,CO 80504
970.535.9318/office• 303.485.7838/metro■970.535.9854/fax • www.agpros.com
AGGRO 00 LAN 1 PRO
COMPLETE LAND AND RESOURCE SOLUTIONS
Lagoon Liner Seepage Rate
Facility Name GALETON DAIRY
Seepage rates are calculated by applying Darcy's Law for permeability analysis. The hydraulic
permeability(k) for these lagoons were calculated by Earth Engineering Consultant,Inc., in accordance
with ASTM Specification D-2922. Darcy's Law is the primary model used to design and evaluated
effectiveness of liners in manure storage facilities. Darcy's Law relates the amount of seepage expected to
occur to particular soil characteristics, liner thickness,and maximum depth of liquid in the pond.
The resulting hydraulic permeability laboratory results are reported in cm/s. Final seepage rates
can then be calculated as followed:
v= k(H+ d)/d
v= Seepage Rate(cm/sec)
k=Permeability coefficient of soil liner(cm/sec)
H =Maximum liquid depth(ft)
d=Thickness of liner(ft)
Laboratory Lagoon
Determined Maximum Design Liner Calculated
Permeability Factor Water Depth for Thickness Seepage Rate
'k'(cm/s) Pond (ft) (ft) (cm/s)
Pond ID 'k' 'H' 'd' 'v'
3 3.04E-08 3.00 1.00 1.22E-07
7 3.15E-09 3.00 1.00 1.26E-08
8 2.23E-08 3.00 1.75 6.05E-08
`Ponds must have a Calculated Seepage Rate that is less than 1.00E-06. This Pond Does
Not Meet State Seepage Loss Requirements.
'r Wayne E. Eckas, P.E.
,E
i` ,` The pond liner calculations were completed under my
U:
\ h supervision.
ENGINEERING, PLANNING, CONSULTING & REAL ESTATE
AGPROfessionals, LLC/LANDPROfessionals, LLC
4350 Highway 66• Longmont,CO 80504
970.535.9318/office• 303.485.7838 /metro•970.535.9854 / fax • www.agpros.com
Standard Operating Procedure (SOP)
For Pond Cleaning and Liner Protection
(in accordance with Colorado Regulation No. 81. 5.3)
Name of Facility:
Address: _ ; __ Contact:
Phone:
This standard operating procedure will be followed when am impoundment is cleaned. This form outlines the operational
practices of the facility taken to protect the impoundment liner. Fill in the table below with the pond identification: an
estimate of length, width, and depth: procedure used to clean the pond: and the measure taken to protect the pond liner.
Select all that apply from list I for removal methodc and list 2 Ibr liner protection methods that best match your operation
and fill the chart with the corresponding number from list I and 2. Use Number 13,for "other"and explain.
Pond ID or Type of Estimate length x Removal Liner Protection Cleaning
description Liner width x depth Method(s) Method(s) Frequency
(Front list 1) (From list 2)
v4 , . _`.`r Jr a ;i _-_
{ .. .,
L
_ , . LA.i7 -7LC .r .�_ ,
List I — Removal Methods List 2 — Liner Protection Methods
1. Cleaning not needed (justify in item 13) 6. Remove teeth from bucket or implement
2. Backhoe /,excavator/ loader (circle one) 7. Add protective lip to bucket or implement
3. Biological Treatment 8. Continual visual inspection used during pumping
or agitation
4. Dredging / bucket or suction (circle one) 9. Use a liner that will not erode during cleaning
5. Pump w/agitation, w/out agitation (circle one) 10. Partial cleaning (explain in item 13, e.g. will
remove 50% or to a depth 1701 more than 6" above
the liner)
11. Experienced Contractor* (maw complete below)
*Contract Cleaning—Contractor/Business Name License No. Date
(Etperieneed Contractor cleaning must also include al least one additional Hum h from List 2)
13. Other (explain)
A6'PROjessionetls, LLC
-1.i5(I Highway 66, Longrn0n1 Colorado 80504
Office (970) 535-93/8 Fax (970) 535-985-?
Standard Operating Procedure (SOP)
For Pond Cleaning and Liner Protection
(in accordance with Colorado Regulation No. 81.5.3)
Name of Facility:
Address: Contact:
• Phone:
This standard operating procedure will be.followed when any impoundment is cleaned. This form outlines the operational
practices of the facility taken to protect the impoundment liner. Fill in the table below with the pond identification; at
estimate of length, width, and depth; procedure used to clean the pond; and the measure taken to protect the pond liner.
Select all that apply from list 1 for removal methods and list 2 for liner protection methods that best match your operation
and fill the chart with the corresponding number fkom list 1 and 2. Use Number 13,ftr "other"and explain.
Pond ID or Type of Estimate length x Removal Liner Protection Cleaning
description Liner width x depth Method(s) Method(s) Frequency
(From list 1) (From list 2)
• uS :1\, 'C .v 1''.C , 1 -._1i'-\.l-: ' _ ( '
l
List 1 — Removal Methods List 2 —Liner Protection Methods
1. Cleaning not needed (/ustify in item 13) 6. Remove teeth from bucket or implement
2. Backhoe/ xcavaton/ loader(circle one) 7. Add protective lip to bucket or implement
3. Biological Treatment 8. Continual visual inspection used during pumping
or agitation
4. Dredging /bucket or suction (circle one) 9. Use a liner that will not erode during cleaning
5. Pump w/agitation, w/out agitation (circle one) 10. Partial cleaning (explain in item 13. e.g. will
remove 50% or to a depth not more than 6" above
the liner.)
11. Experienced Contractor* (must complete below)
*Contract Cleaning— Contractor/Business Name License No. Date
(Experienced Contractor cleaning must also include at least one additional item from List 2)
13. Other (explain)
AGPROfessionals, LLC
4350 Highway 66, Longmont Colorado 80504
Qfzce (970) 535-9318 Fax (970) 535-9854
•
The facility will identify the top of the lagoon liner by surveying or measuring the depth,of thelagoon,.
The survey or measurements will include the depth of the pond and the slope of the lagoon
embankment. The operator can measure the depth of the immure layer using the information in(hided
in the survey or site map by measuring the depth of the pond to the top of the manure layer. A.espy of
the survey or a site map will be kept with the SOP.
If the facility.chooses pumping as an option for manure removal,the pipe inlet will be placed at
minimum of sic inched above the pond liner. information'from-the site map or survey will provide the
opeittor witlk.tlte pond depth ant thenperator car,then measure the length of the pipe and place the
inlet'appropelately :::
A staff gauge will be installedun most lagoons that will indicate the top of the lagoon liner. Lagoon
gauges will be labeled oiilhe site map.'and will assist the operator as to where the lagoon liner b..gi ns
lithe facility decides to revise the SOP;an amended SOP.will be submitted to the Division for
approval 30 days prior to the structure being leaned. The revised SOP will indicate how the pond will
be cleaned in a:nzagner:that protects xheliner-=:The structure will not be cleaned until there is wr tten
apprava IA; tef3nnstau o'f tpe-,aoaaridmeitl the SOP.
After i aung c 0.40.egt7tlao•t t5 will.eonduct a visual inspection,certify that this approvedl SOP
'was fo4vwed anti notify itte.bivtsikM-7at li days of the removal event if this SOP is not followed.
Owner/Operato:Si Date State SOP Certification Approval Date
Signature
AGPROfessionals,LLC
4350 Highway 66, Longmont Colorado 80504
Office (970) 535-9518 pore (P70) 535-9554
S
Please understand that cases cannot continue to remain pending in the Department
of Planning Services without action.
1. USR-1583 was conditionally appmved April 4,2007 and the resolution
provided 180 days to comply with the Conditions of Approval and record
a plat. The deadline for this was October 1, 2007 and the applicant is in
violation of the resolution passed by the Board of County
Cmamissioners. If no action is taken in regards to this case it shall be
brought back before the Board with the recommendation that the
approval be rescinded. Please supply in writing a status update and
proposed timeline for completion to the Department of Planning Services
by Monday December-24, 2007. Should this proposal be app.tu ed and
the action plan adhered to the case will not be brought back before the
Board of County C:ornmissionets.
2. AMUSK-1133 was conditionally approved on June 27,2007, again the
resolution provided 180 days to comply with Conditions of Approval and
record a plat. The deadline for this is December 24, 2007. This is just a
reminder however I have not seen any activity regarding this case in
some time. Should this case no be completed by the deadline,please
supply in writing a status update and pmposed timeline for completion
to the Department of Planning Services by Monday December 24, 2007.
Thank you, I sincerely appreciate your efforts to bring these cases to a close.
If I can be of assistance in please do not hesitate to contact me.
Hannah L. Hippel\
Weld County Departniant of Planning Services
918 10th Street Greek) CO 80631
970-353-6100 x3558
hhippely@co.weld.co.us
1,-(
*161 as,,ilac(tirktott � ard_ ceo( Vg1 1-1treit AIPIT
• •
AGP RO
■■ COMPLETE LAND & RESOURCE SOLUTIONS
Job#1700-03 Galeton Dairy AUSR
Ms. Hannah Hippely Weld County Planning Department
PP y GREELEY OFFICE
Weld County Department of Planning Services
918 10th Street JAN 25 2008
Greeley, CO 80631
Subject: AmUSR-1133 RECEIVED
Dear Ms. Hippely:
This letter is to clarify the conditions of approval that need to be completed prior to recording the plat.
Along with this letter, you will receive 2 copies of the draft plat for your review. Please forward the
additional information submitted with this letter to the corresponding departments for their review.
itL. Condition 1A. Signage—We respectfully request that this condition has been met.The plat
L has been amended to reflect the sign code,Chapter 23, Article IV, Division 2 of the Weld
County Code.
OL
Condition 1B. Lighting-We respectfully request that this condition has been met. We have
amended the plat to reflect the lighting plan.
1. Weld County Code Section 23-2-250 are Operation Standards that the applicant must
comply with during operation.
a. According to Weld County Code Section 23-2-250-D-1&2 our client must
protect the public and their neighbors from obtrusive light.
b. The lighting has been delineated on the plat.
c. The plat has been amended with an appropriate lighting detail.
i
Condition 1C.Landscaping/Screening Plan-We respectfully request that this condition is
being met.
a. The landscaping/screening plan has been delineated on the plat.
b. The plat has been amended with an appropriate landscaping/screening detail
c. The west side has appropriate landscaping/screening in place
d. The east side will have landscaping done upon completion of construction
A Condition 1D. Parking/Circulation Plan-We respectfully request that this condition is being
11`��""'��� y met.
IV" Lk a. The plat has been amended with an appropriate parking/circulation detail in
1� 1�y accordance with Sections 23-3-350 B through D, Section 23-4-30 C and Section 23-
ai v 4-30 D of the Weld County Code.
`V 5 b. West side curb stops are in place where necessary
'I,0WY'( J J Also
tb c. East side curb stops will be installed where necessary upon completion of
construction
• •
— Condition 1E. Site Grading and Drainage Plan-We respectfully request that this condition
has been met.
a. Site grading and drainage has been constructed in accordance with State and Federal
regulations
b. The plat has been amended to depict drainage patterns with flow arrows
Condition 1,G,H Environmental—We have attached environmental compliance documentation
✓ for review showing the existing wastewater impoundments meet the seepage requirements set
forth by the Colorado Water Quality Control Commission Regulation 81 [81.5(2)]. A CAFO
Colorado Discharge permit has not yet been applied for due to construction that is in progress on-
site. Construction must be complete prior to submitting the application.
Condition 1F.Mineral Owners/Operators Agreement—We respectfully request that this
^'"tcondition has been met. An adequate attempt has been made to mitigate the concerns of the /
mineral owners. oky \Ow p5( *-t-07.41( of l/La ei
oofCondition 1I. CO Division of Wildlife Requirements—Applicant will make every effort to
work with the Division of Wildlife to address their concerns. All wastewater ponds, storage
facilities and structures will be built in accordance with State and Federal Regulations.
Thank you,�� � ��ey i
Cody Hollingsworth ���y/�
Planner/Broker
CC:
Don Carroll, Department of Public Works
Trevor Jiricek, Department of Public Health and Environment
ENGINEERING, PLANNING, CONSULTING & REAL ESTATE
AGPROfessionals, LLC
4350 Highway 66 • Longmont,CO 80504
970.535.9318/office■ 303.485.7838/metro ■ 970.535.9854/fax ■ www.agpros.com
STATE OF COLORADO
Bill Owens,Governor G(AD�O
DEPARTMENT OF NATURAL RESOURCES
DIVISION OF WILDLIFE 3 g
AN EQUAL OPPORTUNITY EMPLOYER J,r i �,1�'q
Bruce McCloskey,Director -N OF`%
6060 Broadway
Denver,Colorado 80216 For Wildlife-
Telephone:(303)297-I 192 For People
wildlifesruleco.us
November 28, 2006
Hannah Hippely—Planner Michael Faulkner-Applicant
Weld County Planning Department 37440 WCR 51
918 10`h Street Eaton CO 80615
Greeley, CO 80631
RE: Case Number AmUSR-1133
Dear Hannah,
The Division of Wildlife has and reviewed the proposal for a Site Specific Development Plan and a
Special Review Permit for a Agriculture Service Establishment primarily engaged in performing
agriculture, animal husbandry or horticultural services. During the review, Troy Florian -District
Wildlife Manager,made a site visit to the parcel. In this letter you will find the Division of Wildlife
comments concerning the proposal.
The site is located East of and adjacent to WCR 51 and north of and adjacent to WCR 76. This site
contains open an open field and Dairy Farm infrastructure. Willow Creek flows from north to south
through approximately the center of the proposed site. In addition to Willow Creek, there arc also a
number of irrigation canals and ditches in the general area that connect with other creeks and ultimately
flow into the South Platte River basin.
The Division of Wildlife recommends that:
• Waste storage facilities be designed,built and maintained as outlined in the Natural Resources
Conservation Service's(NRCS) Conservation Practice Standard,Waste Storage Facility, Code
313.
• Noxious weed and re-vegetation management plans are developed and implemented in areas
where there will be ground disturbance due to construction activities.
• Any fences built are recommended to be three or four strand fencing with a bottom strand height
of 17 inches and a maximum top strand height of 42 inches, along with installation of double
stays between posts.
• Future agricultural business owners/operators are made aware of traditional land uses that may
impact them.
• Future agricultural business owners/operators are made aware of nuisance wildlife in the area.
DEPARTMENT OF NATURAL RESOURCES,Russell George,Executive Director
WILDLIFE COMMISSION,Jeffrey Crawford,Chair•Torn Burke,Vice Chair•Claire O'Neal,Secretary
Members,Robert Bray•Brad Coors•Rick Enstrom•Richard Ray•James McAnaly•Ken Tomes
Ex Officio Members,Russell George and Don Ament
Waste Storage Facility. Properly designed,placed,built and maintained agricultural waste storage
facilities can prevent and/or minimize detrimental impacts to aquatic wildlife and habitats, especially to
areas in or adjacent to natural or man-made waterways. The Division of Wildlife strongly encourages
the developer and operator of this agricultural facility to strictly adhere to the standards listed in the
FRCS's Conservation Practice Standard for Waste Storage Facilities. Since the addition to this existing
facility is/will be immediately adjacent to Willow Creek, which flows into other creeks and major
irrigation delivery systems and ultimately into the South Platte River basin, it is crucial that waste
storage facilities are located as far as possible from these natural and man made drainages. In addition to
site location,the Division recommends that waste storage facilities arc designed and built to contain
agricultural waste, even during times when weather patterns reach levels similar to 100 year flood
events. Since a portion of this project is within the 100 year flood plain and immediately adjacent to
Willow Creek, it is recommended that additional over-flow barriers be considered along each side of the
creek in the event that constructed facilities fail to prevent overflow of stored agricultural waste. It is
also recommended that existing waste storage facilities be updated,if needed,to meet the same high
standards as newly constructed facilities. It is also recommended that the waste storage facilities are
lined to prevent any seepage of contamination into the local ground water supply. The Division of
Wildlife recommends that a standard operation and maintenance plan be developed, implemented and
maintained throughout the life of the dairy to ensure that the waste storage facilities are functioning in
the way that they were designed to. We recommend that this plan includes measures to monitor adjacent
waterways and wetlands for contamination resulting from this operation. Additionally,we encourage
the operator to establish an emergency response plan to follow in the event that the waste storage facility
fails and/or spills waste into natural and man made waterways in and adjacent to the operation. Such
items to address could include who will be responsible for decontamination measures and observed
fish/wildlife losses,how the decontamination measures will be implemented, and who will be contacted
in the event that this type of circumstance occurs. Lastly, in the event that this facility stops operation in
the future, the Division of Wildlife recommends that the waste storage areas be reclaimed to pre-
construction/pre-operation conditions.
Weed Management Noxious weeds reduce property value and wildlife habitat. With new construction
taking place and machinery being transported from one site to another,it is important to help prevent the
spread of noxious weeds. Equipment should be cleaned periodically to remove weed seeds even if no
weeds are recognized. It is recommended that noxious weeds are actively eradicated. A working weed
management and disturbed area reclamation plan should be developed and implemented throughout
construction and until all disturbed areas are properly re-vegetated to prevent erosion and invasions by
weeds. The applicant may want to contact the Weld County Weed Inspector to facilitate development of
reclamation and weed management plans for the development.
Fencing. We are concerned for the safety of the wildlife in the area if fences are erected, as some types
of fencing can be dangerous and even fatal to wildlife. Therefore, we recommend that if any fencing is
to be used within or around development sites, either during or after the project, it should be the type that
would allow the free passage of wildlife. The Division of Wildlife prefers the use of three or four strand
fencing with a bottom strand height of 17 inches and a maximum top strand height of 42 inches, along
with installation of double stays between posts. Fencing plans should avoid the use of woven wire type
fences that will trap or prevent movement of wildlife,unless it is necessary to protect agricultural forage
stored fm the sole purpose of livestock feed.
Traditional Land Uses. As this area develops, it is important to maintain the legacy of traditional
agricultural land uses. Hunting is one such activity that provides recreation and income to landowners
and businesses along the I-25 corridor. Geese,ducks, pheasants and doves are a few of the wildlife
species that are hunted in this area. In fact surveys indicate that Weld and Larimer Counties are among
the most important in Colorado in the popularity of small game and waterfowl hunting activities. People
travel from all over the United States to hunt waterfowl along the I-25 corridor. Hunting is not only a
recreational activity and economic asset,but also an important management tool used by the Colorado
Division of Wildlife to manage wildlife populations. Hunting is used as the primary tool to balance
wildlife populations with available habitat. With increasing rural development, it is advisable that new
residents be informed of traditional land uses, such as hunting,occurring on adjacent land that may
impact them.
Living with Wildlife. It is recommended that the business owner and future homeowners aware of
nuisance animals that are found in rural areas. Coyotes, raccoons, skunks, foxes and prairie dogs can all
potentially present problems for landowners. Business owners/homeowners should be made aware of
the potential problems that coyotes and skunks can cause with domestic dogs and cats. The new
business owner/home owner should be made aware that it is their responsibility to prevent and handle
any problems that may arise. The Division of Wildlife has brochures available for homeowners that talk
about living with wildlife and will also be happy to give suggestions on how to prevent any potential
problems.
On behalf of the Division of Wildlife, I would like to thank you for the opportunity to review and
comment on this proposal. If you or the applicant has any further questions,please feel free to call Troy
Florian at(970)443-1993.
e C kson
Area Wildlife Manager
Cc: J.Bredehoft
S. Hoover
Troy Florian
Mike Sherman
file
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