The URL can be used to link to this page

Browse Search

Home My WebLink About20090832HEARING CERTIFICATION DOCKET NO. 2009-06.A RE: SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT #1675 FOR A LIVESTOCK CONFINEMENT OPERATION (EXPANSION OF AN EXISTING FEEDING OPERATION FOR A TOTAL OF 9,000 HEAD OF CATTLE, NEW PENS, WORKING AREAS, COMMODITY AREA, FEED MILL, FEED STORAGE AREA, AND ASSOCIATED STORM WATER RETENTION PONDS) IN THE A (AGRICULTURAL) ZONE DISTRICT - RUSCO LAND AND CATTLE, LLC A public hearing was conducted on February 25, 2009, at 10:00 a.m., with the following present: Commissioner William F. Garcia, Chair Commissioner Douglas Rademacher, Pro-Tem Commissioner Sean P. Conway Commissioner Barbara Kirkmeyer Commissioner David E. Long Also present: Acting Clerk to the Board, Jennifer VanEgdom Assistant County Attorney, Cyndy Giauque Planning Department representative, Chris Gathman Health Department representative, Troy Swain Public Works representative, David Snyder Public Works representative, Janet Carter The following business was transacted: I hereby certify that pursuant to a notice dated December 12, 2008, and duly published December 19, 2008, in the Greeley Tribune, a public hearing was conducted on January 28, 2009, to consider the request of Rusco Land and Cattle, LLC, for a Site Specific Development Plan and Use by Special Review Permit #1675 for a Livestock Confinement Operation (expansion of an existing feeding operation for a total of 9,000 head of cattle, new pens, working areas, commodity area, feed mill, feed storage area, and associated stormwater retention ponds) in the A (Agricultural) Zone District. At said hearing the Board deemed it advisable to continue the matter to February 25, 2009, at 10:00 a.m., to allow the applicant adequate time to complete notification to the mineral interests and have the matter reviewed by the Planning Commission. On February 25, 2009, Cyndy Giauque, Assistant County Attorney, made this a matter of record. Chris Gathman, Department of Planning Services, presented a brief summary of the proposal and entered the favorable recommendation of the Planning Commission into the record as written. He indicated an existing single-family residence is located within 500 feet to the east of the facility, across County Road 35, and the applicant owns a single-family residence immediately north of the facility. He further indicated, on the map provided, the placement of other residences within the surrounding area, and gave a brief description of various Use by Special Review (USR) permits within close proximity. He stated nineteen referral agencies reviewed the application materials, and thirteen responded with comments which have been addressed within the Conditions of Approval and Development Standards. He clarified the Colorado Division of Wildlife, Colorado State University Extension Program, United States Department of Agriculture, Windsor -Severance Fire cc: pL, l u� , ff1_ 2009-0832 PL2001 CSI' -7!o9 HEARING CERTIFICATION - RUSCO LAND AND CATTLE, LLC (USR #1675) PAGE 2 Protection District, Weld County Sheriff's Office, and the Town of Ault did not provide referral comments. He further stated the site is located within the three-mile referral area for the Towns of Eaton, Ault, and Severance, and the Town of Severance has indicated no conflicts with its interests. He stated the referral response provided by the Town of Eaton indicates the proposed site is located to the northwest of the Comprehensive Plan area for the Town, the area is designated as "suburban residential", the expansion area will be located in very close proximity to future residential areas, and the Town expressed concerns regarding odor caused by prevailing winds. He further stated a subsequent letter from the Town of Eaton indicates the Town remains neutral on the proposed expansion, and the letter listed several serious concerns regarding the expansion, including the proximity to residential areas, odors, potential of dust, and traffic concerns, especially concerning the separation of the corrals and the feed area by the Town -Boyd Lateral Ditch. He clarified the Town further expressed concerns with feed trucks pulling out onto County Road 35 to load and to deliver to the corral areas, due to the amount of existing traffic on the road. Mr. Gathman indicated Weld County has entered into an Intergovernmental Agreement (IGA) with the Town of Eaton, and the boundary of the IGA area is adjacent to County Road 35; however, the subject site is located outside of the IGA area. He clarified the IGA addresses development within the three-mile referral area for the Town of Eaton, outside of the Urban Growth Boundary (UGB) area, and he reviewed Sections 19-7-50.B and 19-7-40 of the Weld County Code for the record. He confirmed the expanded feedlot site is located approximately 1.25 miles northwest of the municipal limits for the Town of Eaton, the surrounding area is agricultural in nature, a feedlot is considered to be a non -urban use, and the surrounding area is defined as a non -urban area. He stated staff received a telephone inquiry from a surrounding property ownerwho indicated a petition of opposition would be submitted, and sixteen letters and e -mails of opposition have been received, with concerns regarding negative impacts to property values, odors, flies, the large size of the facility, adverse health impacts for those with allergies, the potential to prevent future residential growth, and traffic impacts. He further stated five letters and e -mails of support were also provided, indicating the positives of the expansion include economic benefits, a brand new operation will not be built at another location, the feedlot was present before the Town was developed, the feedlot has not negatively impacted surrounding property owners within the past, agricultural business provides support to the Town's economy, and feedlots are heavily regulated by the Department of Public Health and Environment. He indicated the applicant was requested to hold a community meeting with neighboring property owners; however, the applicant's representative previously indicated he preferred to meet with the property owners on an individual basis. Mr. Gathman indicated water to the site will be supplied by an existing well, in addition to a tap from the North Weld County Water District (NWCWD), and the applicant will be required to address the requirements listed within the referral provided by the Colorado Division of Water Resources (CDWR), including providing clarification as to whether the existing well will be utilized for the proposed uses of the feedlot. He clarified if the existing well will be utilized, the applicant will be required to provide evidence of an approved Augmentation Plan; and, unless the well is included within an approved Augmentation Plan, the CDWR has indicated that water cannot be pumped from the well for any existing or new uses. He stated the NWCWD has provided a letter, dated February 24, 2009, indicating water may be provided by the District for dust control through a sprinkler system, at a maximum flow rate of 150 gallons per minute, as long as the meter location is moved to the north end of the feedlot, in order to connect with an existing six-inch water line 2009-0832 PL2001 HEARING CERTIFICATION - RUSCO LAND AND CATTLE, LLC (USR #1675) PAGE 3 located within the right-of-way for County Road 78, or, a water line is extended to the current location, which is the residence located on the site. He indicated the applicant intends to provide water from the NWCWD for the feedlot operations, and water for dust control may be utilized if the applicant extends the six-inch water line located at the intersection of County Roads 35 and 76 for a period of approximately one mile, in order to obtain additional water capacity. He stated the applicant will also be required to provide a Lighting Plan, a Landscaping/Screening Plan, to address the screening of the feedlot from the surrounding properties to the east and north of the site, and to designate the area for manure storage on the site. He further stated the applicant will be required to indicate how the proposed open lot wastewater impoundments will meet the minimum setbacks, and additional testing on the site may reveal high water levels, necessitating a larger lagoon; however, the setback distance of the lagoon from County Road 35 shall not be reduced. Mr. Gathman displayed photographs of the site and surrounding area, and in response to Commissioner Rademacher, he indicated the platted subdivision, within the Town of Eaton, referenced on the map is approximately 1.5 miles east of the site. Troy Swain, Department of Public Health and Environment, stated the Department recommends approval of the application with the attached Conditions of Approval and Development Standards. He indicated the applicant provided the specifications of the trial pond, which the Department believes is properly sized, and the applicant has adequate adjacent land for land application. He further indicated the exact depth of the pond has not been calculated since the seasonal groundwater depth has not yet been determined. Responding to Commissioner Kirkmeyer, Mr. Swain indicated the existing feedlot has only received one past complaint, regarding a failing septic system, in the year 2005. He further indicated a gentleman provided testimony at the Planning Commission hearing that had previously called to provide a complaint, and he was mistakenly referred to provide his complaint to the Town of Eaton. He stated the existing facility does not contain a USR permit, therefore, the facility is not subject to any additional conditions than what is listed for a Use by Right. David Snyder, Department of Public Works, stated the site is adjacent to County Road 35, which is an arterial roadway, requiring 140 feet of right-of-way at full buildout. He indicated the most recent traffic counts, completed in 2006, indicate more than 600 vehicle trips per day, and the Department is requiring that the access radius be enlarged to accommodate the large trucks and to provide adequate site distance. He confirmed Confined Animal Feeding Operation (CAFO) Regulations will address the drainage on the site, and the Department is requesting that the applicant provide an Access Control Plan in order to address the 600 feet of frontage access to the County Road. In response to Commissioner Conway, Mr. Snyder indicated the site will generate less than 20 vehicle trips per day, including five employee vehicles, four commodity trucks, five manure trucks, and four livestock trucks. Chair Garcia indicated it will be necessary for the Board to issue a recess of the matter within the next ten minutes, for the purposes of lunch meeting commitments, and he requested that the applicant allow audience members who would not be able to return after the lunch break to provide brief testimony before the lunch break. In response to Chair Garcia, Tom Haren, AGPROfessionals, LLC, represented the applicant and indicated it is acceptable for audience members to provide testimony before the lunch break. He confirmed his presentation will take approximately fifteen minutes, and he does not desire to begin the presentation before the recess. 2009-0832 PL2001 HEARING CERTIFICATION - RUSCO LAND AND CATTLE, LLC (USR #1675) PAGE 4 Scott Moser, Mayor, Town of Eaton, stated Mr. Gathman adequately presented the concerns expressed by residents within the Town, he confirmed the Town is directly downwind of the applicant's property, and he stated the residents also have concerns with the increase of traffic within the immediate vicinity. He clarified the Town of Eaton is remaining neutral on the recommendation because many comments of supportwere also received from residents and other property owners adjacent to municipal limits. He indicated the Town is pleased that the applicant will provide upgrades to the property and that the site will be heavily regulated if the USR permit is approved. He further indicated he understands the Town considers itself to be a part of the agricultural community, and the Town does not desire to hinder the right of the applicant to conduct business operations. Responding to Commissioner Rademacher, Mr. Moser indicated he is not sure if the existing feedlot was constructed before the Town of Eaton was platted; however, he does know that the feedlot is the oldest feedlot within Weld County, therefore, it is possible. Commissioner Kirkmeyer expressed her appreciation to Mr. Moser for his comments. Eric Parsons, Town of Eaton resident, indicated he lives within a subdivision directly east of the site, and the predominant winds are south and southeast, therefore, the entire Town of Eaton is affected by odors carried by the wind. He expressed his concerns regarding the decrease of future property values, which is already a concern for many property owners within the area, and that the facility is only expected to have five employees on the site. He clarified a large cost is involved when a facility is not maintained properly, and he is concerned that the same number of employees currently managing the cattle on the site will be expected to manage up to 9,000 head of cattle. He clarified the employees will be pushed to the limit by dealing with increased issues regarding manure management, dust control, and pest control. He stated he created a petition, in order for the residents of the Town of Eaton to be able to express their opposition; however, he ran short of time to be able to contact many of the residents within the Town. He clarified as he spoke with residents, he found that many of the residents were not even aware of the proposed expansion, and some were not even aware of the existing feedlot. He confirmed he was able to obtain 60 signatures of residents who oppose the expansion; however, the amount of signatures is not representative of the entire Town. He further confirmed there are an adequate number of residents who are opposed to the expansion of the feedlot, and he submitted the petition for the record. Mr. Parsons indicated it does not appear that the feedlot currently contains 4,500 head of cattle, and many of the local residents have indicated the feedlot is not currently operating at that level. He stated if the feedlot is expanded to 9,000 head, it will more than double the number of cattle currently on the site. He further stated staff indicated only one official complaint has been received; however, many of the residents are not sure who to contact to be able to file a complaint, therefore, he does not believe the one complaint received is indicative of past concerns with the facility. In response to Commissioner Conway, Mr. Parsons confirmed the petition submitted only contains signatures from residents within the Town of Eaton, as he was not able to talk with Weld County residents outside of the municipal limits. Further responding to Commissioner Conway, Mr. Parsons indicated he was able to contact residents at local high school basketball games, as well as visiting with some residents door-to-door, and he confirmed he realizes that he did not run a well -organized campaign. Chair Garcia expressed his appreciation to Mr. Parsons for his attempts to participate within democracy, and his efforts to participate have been above and beyond the efforts of most citizens. In response to Commissioner Kirkmeyer, Mr. Parsons confirmed he has concerns regarding the number of employees which will be required to manage the additional cattle on the site. He stated if the staff members are not able to provide appropriate 2009-0832 PL2001 HEARING CERTIFICATION - RUSCO LAND AND CATTLE, LLC (USR #1675) PAGE 5 mitigation on the site, he is concerned that area residents will not have any substantial recourse to initiate change at the facility. Commissioner Kirkmeyer clarified if the permit is approved, the applicant has a long list of Conditions of Approval and Development Standards which must be adhered to; however, the applicant currently does not have to adhere to many of these requirements. Mr. Parsons indicated he is pleased to know that the applicant will be required to adhere to strict standards; however, future concerns could still arise due to the expansion of the site. Commissioner Rademacher indicated a Show Cause hearing may be initiated if there are serious concerns with the facility within the future. Responding to Commissioner Conway, Mr. Parsons indicated he has been made aware of complaints of odor within the area; however, it is difficult to pinpoint the complaints since the entire area is predominantly agricultural in nature. He confirmed there are currently times when the smell is more predominant, he anticipates the smell will be more substantial when additional cattle are brought to the feedlot, and he is concerned that complaints made by residents within the future will not have validity since it is impossible to pinpoint the cause of the smell. Commissioner Long clarified when a complaint is received, the Health Department sends staff out as quickly as possible to determine where the odor may be coming from, and confirmed the County does respond to complaints. Amy Antommaria indicated she is Mr. Parson's wife and a resident of the Town of Eaton, and she confirmed she assisted in obtaining signatures on the petition. She clarified the residents within the Hawkstone Subdivision are the most concerned because a dairy was recently approved to the east of the subdivision. She stated many of the residents within the subdivision have indicated they are not able to open their windows due to the smells generated by the dairy on the east and the feedlot on the west, and most believe the expansion of the feedlot will make the smell even worse. She further stated many of the residents within the subdivision were not even aware that the dairy had been approved, and the neighbors realized what was happening when they began to experience an increase in odor. She confirmed many of the residents within the subdivision were also not aware of the proposed expansion of this feedlot, since the only notice provided was in the Greeley Tribune. She further confirmed fliers have not been provided to the residents, and many of the residents do not know how to obtain information regarding the application in order to research the matter. Ms. Antommaria stated many of the residents within the Town of Eaton have concerns regarding odor, and strong odors happen on a frequent basis. She confirmed she is not sure of exactly where the odor is originating, and she understands the occasional odor is acceptable; however, if the odor within the area continues to increase, the property values within the area will be negatively impacted. She stated the applicant indicated, at the Planning Commission hearing, that the site would be operated by five employees, and she expressed her concerns that only five employees will be responsible to handle a significant increase of cattle. She indicated there are also concerns regarding the availability of water on the site, and she does not believe the Planning Commission gave serious thought to many of the concerns presented. She further indicated many of the residents within the surrounding area will not have any recourse for their concerns until after the USR permit is approved, therefore, she believes it is appropriate for the Board to provide contact information for complaints to the residents within the Town of Eaton. She suggested that a flier be designed and provided to residents so that the residents are able to adequately express their complaints. Chair Garcia clarified the Board is required to post a notice of the hearing within the newspaper and on the applicant's property, and a letter is provided to all surrounding property owners within 500 feet of the applicant's property. He suggested that Ms. Antommaria contact her local newspaper in orderto disburse information to the area residents. Ms. Antommaria indicated she did write a letter to the editor of the newspaper, the North Weld 2009-0832 PL2001 HEARING CERTIFICATION - RUSCO LAND AND CATTLE, LLC (USR #1675) PAGE 6 Herald, which is a weekly newspaper, and she believes a meeting of substantial importance should be published multiple times. In response to Commissioner Conway, Ms. Antommaria indicated the North Weld Herald did publish a story concerning the proposed expansion of the feedlot approximately four weeks ago. She further confirmed the story did contain a reference to the hearing scheduled for today. Chair Garcia issued a recess of the matter at 12:00 p.m. Upon reconvening, Mr. Haren reviewed his PowerPoint Presentation, marked Exhibit O, and indicated the feedlot is historically known as the Dalton Feedlot. He indicated the applicant is requesting to expand the current capacity from 4,500 to 9,00 head of cattle on 40 acres of an 112 -acre parcel. He confirmed the feedlot was established in the year 1940, and the applicant desires to reconstruct the feedlot in accordance with the latest standards, and to place Conditions of Approval and Development Standards on a historical use established prior to Weld County zoning in 1972. He clarified the applicant, Russ Moss, owns Rusco Land and Cattle, LLC, manages the Producers Livestock sale barn located on U.S. Highway 85, and leases and operates the Cervi feedlot containing 40,000 head, near the Greeley -Weld County Airport. He further clarified Rusco Land and Cattle also owns and operates several small feedlots within the a five -mile radius of the proposed site. He confirmed Mr. Moss would like to consolidate the smaller feedlots in order to modernize and improve operations, improve livestock conditions, and reduce traffic impacts, since the employees currently travel back and forth between the various feedlots. Mr. Haren displayed a map of the livestock facilities within the surrounding vicinity, indicating there are eighteen facilities west of, and sixteen facilities east of, U.S. Highway 85. He confirmed the Town of Ault has no conflicts with the proposal, and the Town of Eaton was generally supportive during previous meetings; however, testimony of a neutral position was provided today. He reviewed a depiction of the existing feedlot, approximately 22 acres in size, which includes feed, cattle shipping and receiving, and processing areas, as well as the office and residence, with parking areas, and he confirmed the applicant does not intend to add or build any new structures on the site other than additional animal pens. He indicated the land to the west of the existing feedlot is irregular and difficult to irrigate; however, the slope of the land is ideal for the placement of additional animal pens. He confirmed the lagoon will be expanded; however, it will not be extended past the current eastern boundary. He indicated manure storage is proposed for the center of the property, adjacent to the lagoons, and he confirmed the entire site naturally drains to the middle due to a natural depression. He compared the relative size of the feedlot to other operations within Weld County and the State of Colorado, indicating the expansion will not create a feedlot of a substantial size. He reiterated Mr. Moss has extensive experience managing large numbers of cattle, consolidating the current feedlots makes sense economically, and he confirmed the cattle brought to the expanded site all already housed within the surrounding area, therefore, no new cattle will technically be added within the area. He reviewed Section 23-2-230.6 of the Weld County Code, and confirmed the applicant has shown compliance with all of the standards listed. Mr. Haren stated the site does not consist of prime farmland and it is not located within any overlay district, IGA or UGB area, or within the boundaries of a Comprehensive Plan for any surrounding municipality. He further stated the proposal is consistent with the Weld County Comprehensive Plan, since the use is agricultural in nature, and the Conditions of Approval and Development 2009-0832 PL2001 HEARING CERTIFICATION - RUSCO LAND AND CATTLE, LLC (USR #1675) PAGE 7 Standards ensure the protection of the health, safety, and welfare of area residents. He indicated runoff on the property will be eliminated or contained within the certified lined lagoon, the compaction of the ground by the cattle creates a hardpan, and the application is in compliance with the numerous requirements of the Colorado and Weld County Departments of Public Health and Environment. He reiterated, since the feedlot is an existing historical use, the site does not currently contain any Conditions of Approval or Development Standards, and the applicant will not be subject to any of these requirements if the application is not approved. Mr. Haren reviewed the options for water usage on the site, indicating the NWCWD can supply enough water for all of the uses on the feedlot, as long as one mile of upgrade from a six-inch line to an eight -inch line occurs. He clarified the well on the property was drilled in 1940, and was permitted for 150 gallons per minute; however, to be utilized for the expansion purposes, a Change of Use will be required, and a Substitute Supply Plan and Augmentation Plan must be submitted. He reviewed the irrigation water shares accessible, and he confirmed the applicant is able to demonstrate that an adequate availability of water exists. He indicated the septic system on the site will be adequate since no new buildings will be constructed on the site. He reviewed the stormwater retention capability on the chart provided, indicating the design capacity of the lagoon is approximately 130 percent, and due to the slope of the site, excess water on the site would back up into the pens. He indicated the solid manure will be cleaned from the pens and sold or distributed to area farms, or stockpiled in the middle of the site, adjacent to the lagoon. He confirmed adequate distribution of the solids would require an application area of approximately 1,000 acres, and over 64,000 acres exist within a five -mile haul area. He further confirmed a Comprehensive Manure and Wastewater Management Plan is required, which addresses agronomic rates, soil sampling, manure and water sampling, and crop consulting. He indicated the wastewater will be applied to the land area to the west of the facility, and the applicant owns a total of 309 acres of adjacent farmland, of which only 250 acres are irrigated, therefore, adequate land application area exists for proper management. He confirmed stormwater will be applied through flood irrigation, which is the method least likely to cause an odor nuisance. Mr. Haren stated the pond on the site will be designed as shallow as possible to reduce odors, keeping the pond empty as often as possible will help to reduce odors on the site, and all solids are removed from the wastewater so that they do not enter the pond, which also improves odor control. He further stated the re -design of the facility will also help to improve drainage and surface odors, and regular pen cleaning, manure removal, and general housekeeping will remain the best method of battling odor concerns. He clarified newer machinery cannot currently access the pens to adequately clean out the corners, the wooden feed bunk cannot be cleaned out efficiently, and the improvements to be made to the facility will dramatically improve the ability of the applicant to keep a clean facility. He indicated the dust control on the site will be controlled by stocking rates, dust suppression to the roads, and sprinkling the pens through the designed dust suppression system. He confirmed the potential air related nuisances will settle over the facility, due to the depression of elevation within the center of the site. In response to Commissioner Long, Mr. Haren indicated, from the bottom of the pens, to the top of County Road 35, is a difference of approximately 30 to 35 feet in elevation. He further reviewed the methods to be utilized for pest control, indicating the most effective way to avoid pests is to keep the feed fresh and to clean up spillage on a regular basis. He clarified three or four commodity trucks will access the facility on a daily basis, and he explained that the employees will run a feed truck approximately two hours longer each day for the additional pens, and otheremployees, including a processing crew, hospital crew, and shipping and receiving crew, will be brought in from other feedlots, as necessary. He further clarified the 2009-0832 PL2001 HEARING CERTIFICATION - RUSCO LAND AND CATTLE, LLC (USR #1675) PAGE 8 management and administration employees, and the full-time environmentalist who completes all of the necessary sampling and documentation, will not be located on this site. He reiterated the Conditions of Approval and Development Standards adequately address potential concerns, and he has not discovered any violations on record for this facility, nor any of the other facilities which Mr. Moss is associated with. Mr. Haren indicated the site is located approximately 1.5 miles from the municipal limits of the Town of Eaton, and he confirmed the applicant met with representatives from the Town on two separate occasions to discuss concerns. He reviewed the compatibility of the facility with future development, and indicated the A (Agricultural) Zone is the only Zoning District within Weld County where agricultural uses are allowed. He explained the Weld County Comprehensive Plan aims to protect agricultural uses, and virtually all of the plats recorded within Weld County contain the Weld County Right to Farm Statement, which provides protection for the rural residents which live in the A (Agricultural) Zone District, creating a mutual co -existence. He clarified approval of the USR permit will provide control for the County, more security for the community, certainty for the applicant, and substantial enforcement measures. In response to Commissioner Rademacher, Mr. Haren confirmed the applicant will pursue a Change of Use for the well on the site, and the water will be utilized within the sprinkler system for the pens. He further confirmed no composting will take place at the facility, since there is adequate adjacent ground for land application. Further responding to Commissioner Rademacher, Mr. Haren explained the concern of crossing the ditch to access the pens does not exist anymore since approval was received from the ditch company for a crossing to be built. He confirmed the feed truck does not have to enter County Road 35 to provide feed at this site; however, the feed truck does exit the site to provide feed to the other surrounding small feedlots within the area. He indicated consolidating the operations to this site will eliminate some of the traffic trips from the site. In response to Commissioner Rademacher, Mr. Haren clarified he believes most of the additional feedlots will be closed once the cattle are removed; however, the applicant does not own most of the outlying feedlots, and has only been leasing space within these feedlots. He confirmed some of the feedlots need upgrades to come into compliance, which is not practical at this time. Responding to Chair Garcia, Mr. Haren stated the map provided indicates a five -mile radius, and all of the cattle which will be brought to the proposed site will come from feedlots within the five -mile radius. Further responding to Chair Garcia, Mr. Haren stated the current staffing dedicated to this feedlot is five employees, and rebuilding the feedlot to modern standards will reduce the workload by increasing the ability for the employees to clean the facility and move cattle. He further stated when cattle arrive at the site, or are shipped out from the site, crews from other yards will be brought to the site to fulfill the increased staffing needs; however, this will only occur on an intermittent basis. Jim McPhail, Town of Ault resident, indicated he has known the applicant for quite some time, and he is an Agri -Business lender in Weld County; however he does not do business with Mr. Moss. He stated the 2008 United Stated Department of Agriculture (USDA) Census indicates that Weld County is the eighth largest agriculturally producing County in the nation, and most of the dollar value of production is due to animal agriculture. He confirmed cattle feeding within the area has a long history, and it has been said that commercial cattle feeding was invented in Northern Colorado. He addressed the concerns presented earlier, regarding the adequacy of the notice provided for the hearing, and indicated it is well known that the surrounding area is agricultural in 2009-0832 PL2001 HEARING CERTIFICATION - RUSCO LAND AND CATTLE, LLC (USR #1675) PAGE 9 nature. He stated the semi -rural developments within the surrounding area are attractive; however, the photo displayed by Mr. Haren within his presentation alludes to the fact that the Town of Eaton supports the cultivation of beans, beef, beets. He indicated approval of the permit is positive, since the number of animal units will be increased once a large amount of improvements are completed at the facility, and approval of the permit will allow oversight by the County. He stated it is important that Weld County does not lose its agricultural heritage, and he supports approval of the permit. Forrest Leaf, J.R. Engineering, indicated he is a water resource engineer, specializing in water rights for the past 20 years, and he represents Debbie Kindsfater and Andy Mill, who own property approximately 5,000 feet southwest of the feedlot facility. He indicated after reviewing the application materials, he believes Weld County is trying to "pass the buck" of responsibility to other jurisdictions. He confirmed he has presented CAFO applications to various Boards within past years, and in times past, the applicant has had to prove that the request is feasible and adequate; however, within these application plans, no technical details are presented which indicate that the proposed use will be feasibly successful. He indicated he is concerned that staff indicated it is unknown if the site contains high groundwater on the site, since it is the applicant's responsibility to provide feasible demonstration, and it is the Board's responsibility to protect the health, safety, and welfare of the residents within the surrounding area. He confirmed it has been mentioned several times that this facility currently does not contain a USR permit, and the feedlot exists as a Use by Right; however, the size of the parcel has been indicated at 112 acres, therefore, he does not believe a feedlot of 4,500 head is within compliance with the uses allowed by right, especially without an approved water source. He indicated the applicant has not proven that it is feasible to provide an upgrade to the water line, the total water demand has not been calculated at a rate of 150 -acre-feet per year, and it is not known if the NWCWD has the peak flows available to accommodate the demand of up to 300 gallons of water per day. He further indicated the applicant has not provided evidence of a contract with the NWCWD, and staff is ready to move forward, regardless; however, the last time he represented an applicant in front of this Board, he was required to present all of the specifics and evidence of a legal water supply. Mr. Leaf indicated he understands agriculture is vital to the economy of Weld County, and water issues are very contentious; however, many Weld County residents have completed Augmentation Plans and still are not allowed to provide well water for irrigation. He stated, as a professional engineer reviewing the application materials, he has not seen any evidence that the plan is feasible, that no future violations will be occurring at the site, or that the water supply will not be shut off. He clarified the process surrounding the completion of a water Augmentation Plan can take up to five years, and many times the outcome is not what the applicant expects. He indicated he believes the applicant is intending to illegally utilize a well, and the outcome of the matter will most likely end up in District Court. Mr. Leaf stated the well on the site was decreed in 1940 as a stock watering well, not for commercial feedlot uses, therefore, the CDWR has indicated the well designation will need to be changed. He reiterated the Change of Use process normally takes between three and five years, and the water necessary for augmentation of the well must be provided as well, which is not easy to find. He confirmed the Planning Commission added a Condition of Approval, requiring the applicant to provide evidence of an adequate water supply, after he presented similar testimony at the previous hearing. He estimated the feedlot will utilize 150 -acre-feet of water per year, which equates to approximately 10 gallons of water per head of cattle, per day, and additional water will 2009-0832 PL2001 HEARING CERTIFICATION - RUSCO LAND AND CATTLE, LLC (USR #1675) PAGE 10 be necessary for the sprinkling of the pens during hot, dusty weather. He further estimated a peak flow of 300 gallons per minute will be required; however, the well is currently decreed at 150 gallons per minute, which cannot be legally utilized until the use is changed. He indicated the Board has the authority to tell the applicant he is currently exceeding the Use by Right allowed on the site, and order him to come into compliance. He further indicated the NWCWD has not provided any technical proof that the fireflows and pressure zones within the system can be maintained if a heavy load to this site is added to the system, therefore, the applicant has not proven that the plan is feasible. Mr. Leaf indicated the site will be required to remain in compliance with CAFO Regulations, which are determined by the Colorado Department of Public Health and Environment; however, the site does contain a natural depression, therefore the County needs to be ensure there is adequate capacity on the site, especially if it is determined the site contains elevated groundwater. He confirmed the exposure of groundwater is illegal without an Augmentation Plan, and he is concerned that the applicant has not provided any drainage calculations for the site. He stated the applicant has indicated that adequate land capacity exists for land application of wastes, and that additional land could also be utilized; however, it does not seem feasible to pipe or truck liquid manure to another site. He reiterated his concerns that the applicant has not provided enough details to provide the confidence necessary to believe the facility will operate properly, and he urged the Board to direct the applicant to provide due diligence and proof of feasibility before the application is approved. Mr. Leaf indicated in the event that the Board feels compelled to approve the application today, he has submitted suggested modifications to the Development Standards, included in Exhibit N, and confirmed he previously provided suggested modifications, contained within Exhibit H. He indicated the Board needs to ensure that water can be physically and legally provided to the site. In response to Chair Garcia, Mr. Leaf confirmed a copy of the proposed modifications has been provided to Mr. Gathman. He indicated the water supply is the most vital concept to ensure adequate management of the facility for both drinking water and nuisance control measures. He stated the applicant has indicated there are three other Dalton wells which are augmented through the Cache la Poudre Plan; however, the wells are to be utilized for irrigation purposes, and the officials of the plan simply do not let well owners open a new well or change the decree of an existing well. He further stated he seriously doubts that the applicant will be able to enroll the existing well within the Cache la Poudre Plan, and the applicant will be required to spend additional time and money to find a suitable water supply. He clarified his clients are not against agricultural uses; however, they do believe the applicant must abide by the rules. In response to Commissioner Kirkmeyer, Mr. Gathman confirmed the feedlot is considered a Non -Conforming Use, since it was in existence before the establishment of Zone Districts, even though it was never officially established as such. Commissioner Kirkmeyer clarified the use is not illegal, and it is not required to meet the zoning regulations unless the feedlot desired to complete a substantial change to the property, therefore, the animal units do exceed the Use by Right, as currently defined; however, since it was established prior to regulations, the applicant is not required to obtain a permit, and is not in violation. Mr. Leaf questioned how the applicant is allowed to utilize the well illegally. Commissioner Kirkmeyer indicated she will defer explanation of the matter to the applicant. Responding to Commissioner Kirkmeyer, Mr. Leaf indicated a Comprehensive Alluvial Groundwater Monitoring Plan is a characterization of the existing water quality in the alluvium of the surrounding area, and is utilized so that a baseline may be established from sampling locations, and it has previously been required for the Hirsch Dairy. Further 2009-0832 PL2001 HEARING CERTIFICATION - RUSCO LAND AND CATTLE, LLC (USR #1675) PAGE 11 responding to Commissioner Kirkmeyer, Mr. Leaf indicated he understands approval of the application will be based upon the attached Conditions of Approval and Development Standards, and most of his additional recommendations are actions which should take place before the Board approves the application. He further indicated the Board will be doing a disservice to the applicant by approving the application if the use of the site is not feasible. Tim Magnuson, surrounding property owner, indicated his residence is approximately one mile west of the facility. He confirmed he is a fifth -generation farmer, his grandfather was born in 1919 and remembers the current feedlot being in existence his entire life, therefore, he believes the feedlot was constructed within the early 1920's. He confirmed Mr. Moss has completed an extensive amount of work within the past year to clean up the facility, including tree timing and clearing out junk, etcetera. He indicated he understands the applicant wants the best for the community, and does not want to be a detriment to his neighbors. Mike Schelm, Town of Eaton resident, indicated he has experienced severe odor problems, which makes it troublesome to open windows at his residence, relax in the yard, or hang clothes out to dry. He further indicated he is not 100 percent certain that the odors are coming from the existing feedlot, approximately 1.3 miles away; however, he is not aware of any other feedlots in close proximity with the same prevailing wind pattern. He confirmed he attended the Planning Commission hearing, at which time one of the Planning Commissioners questioned if an Odor Analysis had been completed, and Mr. Haren stated one is normally done; however, he was not sure why an analysis was not completed for this site. He stated the photograph of the sign depicted in Mr. Haren's presentation, within the Town of Eaton, must be a historical sign because the population of the Town of Eaton has since doubled. He further stated he desires to protect the community, and he does not want the Town to be known for its odor. He indicated he has lived in the Town of Eaton since 2002, and he has only experienced the occasional odor until the past two years. He further indicated he has worked on feedlots in the past, and he is certain the strong odor he has been experiencing is a feedlot odor, since it is distinct. Mr. Schelm indicated he previously submitted a letter for the record, marked Exhibit I, which provides more expansive comments regarding his concerns. He expressed his concerns regarding the neighbors not being provided with adequate notice to be aware of the proposed expansion, and regarding the inconsistency from the representatives of the Town of Eaton, who originally opposed the expansion but supplied a neutral recommendation at today's hearing. He stated Mayor Moser, at the January, 2009, Town Board Meeting, indicated there were comments in support and in opposition of the proposed expansion; however, 70 percent of the comments received were in opposition, therefore, he believes more than 60 people listed within the petition are opposed to the expansion. He requested that the Board deny the USR permit application. Chair Garcia indicated all residents are welcome to contact the Department of Public Health and Environment with concerns regarding odors. He indicated it is not always possible to identify the source of the odor, since prompt attention to the matter is necessary, and he expressed his appreciation to Mr. Schelm for providing testimony. Commissioner Long indicated he would like the record to reflect that if any residents have concerns or comments, the telephone number to reach the Department of Public Health and Environment is (970) 304-6415, and the contact information is also listed on the Weld County website at www.co.weld.co.us. 2009-0832 PL2001 HEARING CERTIFICATION - RUSCO LAND AND CATTLE, LLC (USR #1675) PAGE 12 Susie Magnuson, surrounding property owner, indicated she owns the farm directly north of the feedlot, and she confirmed Mr. Moss has built good fences since he acquired the property, as she has no problems with animals escaping from the applicant's property, which was a problem in past years. She stated Lee Dalton, the previous owner of the property, once jokingly indicated to members of her family that he essentially kept cattle on the site to keep the fences up. She confirmed the property was in extremely poor condition before being purchased by Mr. Moss, and Mr. Moss has provided a considerable amount of improvements, which has actually resulted in an increase to her property value. Jeanette Miller, surrounding property owner, indicated she lives in close proximity to the feedlot facility, and confirmed the current operations are well -run; however, she disputes that there are more than 4,000 cattle on the site. She indicated the smell is overwhelming, and she understands the Department of Public Health and Environment can be contacted for complaints; however, the Department cannot force the property owner to contain the smell from the cattle. In response, Commissioner Long indicated to Ms. Miller that she may contact the Department so that staff may inform the operator that a problem exists when the smell is worse than it should be, and the operator will be required to provide additional measures to mitigate the situation. Char Garcia clarified the facility does not currently have a specific set of Development Standards which must be complied with. Ms. Miller indicated she has been contemplating development of her property; however, she is concerned that a property owner will not want to build a residence in close proximity to a feedlot with 9,000 cattle. She confirmed she has personally fed cattle on her property; however, she does not believe a large feeding operation should be located one mile from municipal limits. She indicated the odor is constant, and she has worked hard to keep her farm; however, she has since retired and believes it will now be impossible to sell her property. Commissioner Rademacher expressed his appreciation to Ms. Miller for her comments and indicated he recognizes that Ms. Miller understands the commitment and consequences of cattle feeding operations. In response to Commissioner Rademacher, Ms. Miller indicated the water for her residence is provided by the NWCWD. There being no further testimony, the Chair closed the public input portion of the hearing and issued a brief recess of the matter. Upon reconvening, Mr. Haren stated the applicant is a very active member of the agricultural community and is familiar with the USR application process. He stated well over a year ago, before the application process began, Mr. Moss contacted the Towns of Ault and Eaton with a sketch and map, indicating the proposed plans. He confirmed the Town of Ault did not express any concerns, and the Town of Eaton indicated it would re -review the plans after the election in April, 2008. He indicated the application was submitted in late Summer, 2008, at which time the North Weld Herald newspaper printed the entire application questionnaire in one of the weekly issues, and the applicant has since held three meetings with officials from the Town of Eaton, in the months of October, November, and December, 2008. Mr. Haren indicated Mr. Moss has provided an exceptional effort to work with the concerns presented by the community. He clarified AGPROfessionals, LLC, only represents matters involving animal agriculture, and within the past fifteen years, this is the 115th permit application submitted on behalf of an applicant. He confirmed the company employs a total of sixteen people, including engineering staff, an agronomist, planners, and soil scientists, and he has always been in favor of CAFO permits. He stated Mr. Leaf insinuated the application materials are not adequate; however, he has been able to prove that the application has addressed the requirements of the Weld County Code, as he previously presented. He further stated the applicant is not exceeding the Use by Right on the site, since the facility 2009-0832 PL2001 HEARING CERTIFICATION - RUSCO LAND AND CATTLE, LLC (USR #1675) PAGE 13 pre -dates any of the zoning regulations, and as long as the facility is not substantially changed or reconstructed, the current use is allowed in perpetuity. He clarified the applicant would like to modernize the facility, which is why the application for a USR permit has been submitted; the site was not found to be in violation. He estimated that only ten percent of the applications which have been represented by AGPROfessionals, LLC, have ever had substantial concerns or community response presented, and he believes that figure is indicative of the quality of work completed for the application process, including working with community members regarding concerns. Mr. Haren stated the company owns a drill rig to test for groundwater, the depth on this site was discovered to be approximately 24 feet, and the lined lagoon does not require exclusive engineering unless groundwater is at a depth of less than four feet from the bottom of the liner. He confirmed the lagoon will be lined with clay, and he indicated his opposition to the recommended language provided by Mr. Leaf. He clarified when a site contains a CAFO permit, which is regulated by the State, Weld County has the responsibility to ensure the project has been adequately notified; however, the County is not the "gatekeeper" for all of the regulations required by the State and other federal government agencies. He further clarified Ms. Kindsfater's residence is most likely provided water through a tap from the NWCWD, and Mr. Mill's property is essentially vacant, therefore, he does not support the additional recommendations provided by Mr. Leaf for groundwater monitoring. Mr. Haren indicated the NWCWD has indicated water supply to the site may be accommodated, his calculations indicate a water flow of 250 gallons per minute will be sufficient, and the applicant does not have concerns with upgrading one mile of the water line from six inches to eight inches; therefore, it is assured the site will be provided with adequate water. He stated he has assisted many clients with the Augmentation Plan process, therefore, court proceedings are not a substantial concern. He clarified this is an existing facility in which a community has been essentially built up around it, and it is not an option for the applicant to relocate the historic facility. He further clarified the improvements to be implemented at the facility will reduce the potential for odor, the existing well does provide multiple options for water service, and the additional language suggested by Mr. Leaf is redundant and too specific. In response to Chair Garcia, Mr. Haren clarified Mr. Leaf previously indicated he was not aware of any pipes or permits to pump wastewater from the site to other properties, which are not necessary since the current site is sufficient to handle the application of wastewater. He further clarified if the applicant desires to utilize the wastewater for irrigation purposes, it will have to be included within the Nutrient Management Plan, and the applicant is aware of the permits necessary to cross the County Road, if desired. Responding to Commissioner Rademacher, Mr. Haren stated evaluation of the water rights is ongoing, the applicant does have an attorney involved in the water conversion case, and the surface water rights total approximately 300 acre feet. He further stated some of the water may be utilized, and some of the water may not be utilized, based upon points of entrance and alternate diversion. He confirmed the well is included within the decree, all of the other wells are already augmented within the Cache la Poudre Plan, and the applicant has obtained evidence which indicates the well was inadvertently left out of the plan. He reiterated the usage options for water on the site include surface, well, augmentation, and tap water. Further responding to Commissioner Rademacher, Mr. Haren confirmed dust suppression on the site was previously done by water truck; however, it was very limited in nature. In response to Commissioner Conway, Mr. Haren explained an outside company currently monitors the site on a regular basis to predict 2009-0832 PL2001 HEARING CERTIFICATION - RUSCO LAND AND CATTLE, LLC (USR #1675) PAGE 14 the fly hatch, monitor spot cards, place bait on the site, and release parasitic wasps. He further explained the upgraded design of the facility will allow the applicant to keep the facility cleaner and adequately drained, which will help to remove the pest habitat. Responding to Commissioner Kirkmeyer, Mr. Haren indicated CAFO permits are not required by the Federal Environmental Protection Agency (EPA); however, without a CAFO permit, absolutely no discharge from the property is allowed. He confirmed the applicant has volunteered to obtain a CAFO permit. Commissioner Kirkmeyer read the last sentence of proposed Development Standard #14 into the record, and in response, Mr. Haren indicated the main requirement contained within Colorado Water Quality Control Commission Regulation Number81 pertains to the liner of the lagoon, which must be designed, tested, and certified. In response to Chair Garcia, Mr. Swain indicated he has reviewed the additional recommendations proved by Mr. Leaf; however, it is unusual for the Department to require a Groundwater Monitoring Plan on an agricultural site. He clarified the lagoon is lined so that wastewater does not contaminate the groundwater, and the applicant must continually test the liner to verify seepage rates, in accordance with Regulation Number 81. He clarified the State now requires the applicant to regularly submit the results of the testing, instead of just having the results available on the site. He further clarified the Department is requesting to see the information regarding the separation of the liner from the groundwater depth before the plat is recorded, since the trial pond did not provide any information on the depth to groundwater. Mr. Swain indicated many of the conditions for these types of facilities have changed within the past few years as Conditions have been added for land uses. Mr. Gathman confirmed the recommendations provided by Mr. Leaf, in Exhibit H, were originally addressed within the Conditions of Approval, and the version submitted today provides recommendations within the Development Standards. He read Condition of Approval#1.K into the record, regarding the use of water for dust suppression, and indicated the letter provided by the NWCWD specifically mentions the requirements for dust suppression; therefore, the additional recommendations provided by Mr. Leaf are not necessary. Commissioner Kirkmeyer indicated she has reviewed the proposed amendments submitted by Mr. Leaf, and the suggested language contained within Development Standard #8 is addressed through the language contained within Development Standard #14. She further indicated many of the recommendations provided by Mr. Leaf appear to be redundant, including language which is already addressed within Conditions of Approval #1.K and #1.L, and Development Standard #19. She confirmed the language is more appropriately located within the Conditions of Approval, as requirements prior to recording the plat, than to be included within the Development Standards. Commissioner Kirkmeyer indicated the last sentence of Condition of Approval #1.G should be deleted, since it is an unnecessary statement, and Mr. Gathman concurred. The Board concurred with the deletion of the last sentence of Condition of Approval #1.G. In response to Commissioner Rademacher, Mr. Haren read Condition of Approval #1.1 into the record, indicating the applicant will be required to provide a Landscape/Screening plan. He indicated the east portion of the existing feedlot has been in existence for a long time, and is adequately naturally screened; however, staff is requiring that the new portion of the feedlot be screened. Commissioner Rademacher indicated he does not believe screening is appropriate, therefore, he proposed Condition of Approval #1.1 be removed, and Mr. Haren concurred. In response to Chair Garcia, Mr. Gathman indicated the requirements of screening the existing facility are limited, and in the past, applicants have planted trees for screening purposes. He indicated the intent of the Landscape/Screening Plan is to mitigate the impacts to the neighboring property to the north, and 2009-0832 PL2001 HEARING CERTIFICATION - RUSCO LAND AND CATTLE, LLC (USR #1675) PAGE 15 he confirmed the residences to the west of the site are over one-half mile away. Responding to Commissioner Conway, Mr. Gathman clarified it would be adequate for the applicant to plant additional trees along County Road 35, in order to mitigate the visual impacts for the property to the north. Commissioner Kirkmeyer indicated she does not believe it is necessary for an applicant to provide landscaping or screening for feedlots, dairies, cornfields, or oil and gas facilities within agricultural areas, since it is nearly impossible to screen these uses. Commissioner Rademacher indicated there are several references to the Landscape/Screening Plan within the Resolution, and it is his intent that all references be removed. The Board concurred with the deletion of Condition of Approval #1.1, and all references to the Landscape/Screening Plan. In response to Commissioner Rademacher, Mr. Haren indicated there is not currently a sign on the property, and the language indicating a Sign Plan is necessary is acceptable to the applicant. Commissioner Rademacher confirmed that operations at the feedlot are oftentimes required during evening and night hours, therefore the limitation of daylight hours of operation within Development Standard #3 should be eliminated. The Board concurred with the Deletion of Development Standard #3. In response to Commissioner Rademacher, Mr. Swain indicated an increase in the number of employees at the site would have an effect on the existing septic system located on the site, and the applicant will be required to maintain compliance with the Individual Sewage Disposal System (I.S.D.S.) Regulations at all times. Mr. Gathman explained the application materials indicated the site will contain five employees, working during daylight hours, and he does not have any concerns with deleting the specific number of employees for the site. Responding to Commissioner Rademacher, Mr. Haren indicated he has had previous concems with the application questionnaire because it asks how many employees are currently employed at the site, and if the number is expectantly increased, the applicant is required to provide evidence of adequate parking and septic usage. He confirmed the applicant desires to remove the limitation of five employees. Commissioner Rademacher indicated he does not support deletion of Development Standard #4 in its entirety, but he would be comfortable with the applicant being limited to a specified larger number of employees. In response to Chair Garcia, Janet Carter, Department of Public Works, stated there is a need for the number of employees to be limited. She clarified County Road 35 is classified as a major arterial road, and once a certain number of vehicle trips to and from the facility is triggered, including employee vehicles, staff will be required to investigate necessary modifications for the road, such as acceleration lanes, etcetera. She clarified the allowance of up to ten employees on the site should not require any further review for necessary modifications. Responding to Commissioner Rademacher, Mr. Snyder reiterated the average daily traffic count is approximately 683 vehicles. In response to Commissioners Kirkmeyerand Long, Mr. Haren explained the existing septic system does contain limitations; however, he believes the septic system will be adequate for usage by additional employees. Commissioner Rademacher indicated he would prefer to allow the applicant to utilize portable toilets if the usage of the septic system by employees exceeds the limitations. In response, Mr. Swain indicated the existing septic system has a specific load capacity, and the applicant can provide proof from an engineer that the system is adequate for a certain number of employees, as referenced within the Conditions of Approval. Commissioner Kirkmeyer indicated if the number of employees on the site were to dramatically increase within the near future, it would be considered as a Substantial Change to the use of the facility, and staff would provide appropriate review at that time, therefore, she recommended the 2009-0832 PL2001 HEARING CERTIFICATION - RUSCO LAND AND CATTLE, LLC (USR #1675) PAGE 16 deletion of Development Standard #4. Commissioner Conway expressed his concerns regarding the deletion of Development Standard #4 creating unintended consequences. In response, Mr. Gathman confirmed if the number of employees were to dramatically increase, the applicant would be required to apply for an amendment to the USR permit. Responding to Chair Garcia, Mr. Gathman confirmed a total of ten employees on the site would not constitute a Substantial Change. In response to Commissioner Conway, Ms. Carter indicated if the employees were to increase past 25, the number of vehicle trips to the site would increase to the point where a traffic study would be warranted. Further responding to Commissioner Conway, the Board concurred with the modification of Development Standard #4 to state, "The total number ofon-site employees shall be limited to twenty-five (25)." In response to Chair Garcia, Mr. Haren requested the deletion of Condition of Approval #1.J since an Improvements Agreement is normally required for improvements associated with landscaping. Further responding to Chair Garcia, Mr. Snyder indicated he prefers for Condition of Approval #1.J to remain in the Resolution, since there are other potential improvements on the property. Commissioner Kirkmeyer indicated the second sentence of Condition of Approval #1.J should be deleted, since it specifically refers to a landscaping bid, and the Board concurred. In response to Commissioner Rademacher, Mr. Haren explained the on -site improvements include the improvements which the applicant would like to complete, including the construction of new pens and bunks, and the required improvements to the lagoon. He expressed his concern that the requirement of an Improvements Agreement essentially dictates the improvements on the site be completed at a standard concurrent with commercial uses. He clarified the applicant will not be completing any improvements which are mandatory or will affect the safety of the traveling public. Ms. Carter clarified the required collateral is collected as a protection for neighboring properties for situations such as improper retention calculations or for dust suppression during grading activities. Commissioner Rademacher indicated he concurs with the collection of collateral for dust suppression; however, all other improvements required for the lagoon will have oversight by the State. Mr. Haren clarified the provision of dust suppression is already required within the Conditions of Approval and Development Standards. Commissioner Kirkmeyer indicated the building permits will not be released on the site until the necessary grading improvements are completed, and she does not believe dust suppression constitutes an on -site improvement. In response to Commissioner Rademacher, the Board concurred with the deletion of Condition of Approval #1.J. Commissioner Long explained the Board is not indicating that the protection for the neighboring properties is not important, rather, that the requirements are already included within the Resolution through various Conditions of Approval and Development Standards, and Commissioner Conway concurred. Mr. Haren requested clarification regarding the deletion of Condition of Approval #1.O, and Commissioner Rademacher confirmed it was the intention of the Board to delete all references to landscaping, therefore, the Board concurred with the deletion of Condition of Approval #1.O. In response to Chair Garcia, Mr. Haren indicated he, and the applicant, have reviewed, and concur with, the Conditions of Approval and Development Standards, as modified. Commissioner Rademacher expressed his appreciation to the audience for attending today's hearing and providing input, and he confirmed Weld County is one of the top ten counties in the nation for agricultural production, and is the number one county when citrus producing agriculture is excluded. He indicated the facility was most likely constructed before the Town of Eaton was 2009-0832 PL2001 HEARING CERTIFICATION - RUSCO LAND AND CATTLE, LLC (USR #1675) PAGE 17 originally platted, and conflicts between rural and urban uses are becoming more common within Weld County. He further indicated agricultural uses create noise and odor, and it is common practice for farmers to spread waste material on fields, especially since the price of commercial fertilizer has dramatically increased. He stated agricultural communities are subject to the presence of dust, and when high winds are present, it is hard to mitigate blowing dust. He indicated he took offense when it was said that the Planning Commission did not take this matter seriously because the Planning Commission gives serious thought to all applications before making a recommendation. He stated many of the recommendations provided tend to mitigate a large amount of concern before the application is presented to the Board of County Commissioners. He confirmed the Board cannot force residents to read the newspaper and attend various community meetings regarding contentious hearings, and he believes a notice published within the newspaper is adequate notice. He further confirmed he supports the application and will be voting in favor of approval. Chair Garcia indicated staff has reviewed the application materials with a strict eye, and the concerns presented throughout the application process have been taken seriously. He indicated he understands odor from the site is a concern; however, the applicant is not currently regulated, therefore, an odor issue could continue. He clarified if the USR permit is approved, the applicant will be required to abide by the Conditions of Approval and Development Standards, and if the applicant is not in compliance with a specific requirement, the Board will have the mechanism to resolve the issue. He indicated he is pleased to hear the testimony that the applicant is a good neighbor, and he is assured the applicant will continue to improve his relationship with the community. He further indicated the applicant's representative has indicated the best way to eliminate pests on the site is to eliminate the habitat, and he believes the applicant will be able to manage the habitat through the Manure Handling Plan, which will help to create a cleaner operation. Commissioner Long indicated obtaining a USR permit will be a better use of the land since the facility will be heavily regulated. He confirmed the applicant has volunteered to adhere to the regulations of a CAFO permit, and it is a positive aspect that the applicant will not be composting on the site, since many times composting activities cause concerns if the composting program is mis-handled. He further confirmed many of the concerns regarding feedlots and dairies presented to the Board in the past have been a direct result of composting programs which were not properly handled. He expressed his support for the application. Commissioner Conway expressed his appreciation to the members of the audience for their participation, and confirmed their participation has enriched the application process. He indicated all of the concerns presented were taken seriously, he is pleased that Weld County contains active citizens, and he encouraged all citizens to become participants in these types of matters. He indicated he concurs with the previous comments expressed by the Commissioners, and he supports approval of the application. Commissioner Kirkmeyer indicated she also concurs with the comments provided, and confirmed she lives in very close proximity to a feedlot for sheep, therefore, she understands the concerns presented. She encouraged the surrounding property owners to keep in contact with the applicant if an issue arises, since it is apparent the applicant is willing to work on solving any problems which 2009-0832 PL2001 HEARING CERTIFICATION - RUSCO LAND AND CATTLE, LLC (USR #1675) PAGE 18 arise. She reiterated the site is located in the A (Agricultural) Zone District, and the regulations placed on the facility through this USR permit will cause the facility to operate more efficiently. Commissioner Kirkmeyer moved to approve the request of Rusco Land and Cattle, LLC, for a Site Specific Development Plan and Use by Special Review Permit #1675 for a Livestock Confinement Operation (expansion of an existing feeding operation for a total of 9,000 head of cattle, new pens, working areas, commodity area, feed mill, feed storage area, and associated storm water retention ponds) in the A (Agricultural) Zone District, based on the recommendations of Planning staff and the Planning Commission, with the Conditions of Approval and Development Standards as entered into the record. Her motion included the deletion of the reference to "a Landscape and Screening Plan" within Criteria of Approval #2.c; the deletion of Condition of Approval #1.A.7, with the necessary re -numeration; the deletion of the last sentence of Condition of Approval #1.G; the deletion of Conditions of Approval #1.1, #1.J, and #1.O, with the necessary re -lettering; the deletion of Development Standard #3, with the necessary re -numeration; and the modification of Development Standard #4 to state, "The total number of on -site employees shall be limited to twenty-five (25)." The motion was seconded by Commissioner Long, and it carried unanimously. There being no further discussion, the hearing was completed at 4:00 p.m. This Certification was approved on the 2nd day of March, 2009. APPROVED: OARD OF COUNTY COMMISSIONERS ,COLORADO ATTEST: Weld County Clerk to the Boa BY. Depu Clerk . the Board Sean P. Conway arbara Kirkmeyer jAbaliti David E. Long 2009-0832 PL2001 EXHIBIT INVENTORY CONTROL SHEET Case USR #1675 - RUSCO LAND AND CATTLE, LLC Exhibit Submitted By Description A. Planning Staff Inventory of Items Submitted B. Planning Commission Resolution of Recommendation Summary of Hearing (Minutes dated 01/06/2009 and C. Planning Commission 02/03/2009) D. Weld County Livestock Association Letter of Support, dated 01/19/2009 Letter of Opposition and related documents, dated E. JR Engineering 02/16/2009 E-mail re: Revisions to Draft Resolution, dated F. Planning Staff 02/19/09 G. Bev Anderson E-mail of Opposition, dated 02/21/2009 E-mail with proposed modifications to Resolution, H. JR Engineering dated 02/2/32009 I. Mike Schelm Letter of Concern, dated 02/24/2009 E-mail from Colorado Division of Water Resources, J. Planning Staff dated 02/24/2009 Letter from North Weld County Water District, dated K. Planning Staff 02/24/2009 L. Planning Staff Certificate and photo of sign posting M. Eric Parsons Petition of Opposition N. Forrest Leaf (JR Engineering) Proposed modifications to Development Standards O. Applicant Copy of PowerPoint Presentation P. Q. R. S. T. U. V. ATTENDANCE RECORD HEARINGS ARE AS FOLLOWS ON THIS 25TH DAY OF FEBRUARY, 2009: PLEASE legibly write or print your name and complete address. 123 Nowhere Street, City, State, Zip N 73 S'kople/ive. E€ (oci YC'(p!3 . �v d �\ / a } / ! VIM (La,r1 rniPilf Vri✓e C , - 7i wt✓ev tOR \ �/ \ / J° �� \ \ ,\.. & » Q / ` '3 ` « �� © ` Z .- 2 % ^ , z O & \ \\� �-LL <s 3 T<� } ^ Nz.-) - \w % ,\ ; \ \ 13 ) u \ g / \ \ © �w \6 7«: . ^ w%\5.9 >/ a«} "1 2 J / & R • / / / § } / \/\ /5�/3 NAME John Doe 1 <rN/ j t '°Ci 2 N y 1 2 L. \ w 2\ / 2 a a ''S 2\ \//' H -7--- E s \ \ c \ /°,& '-v-- a . . = '3 % § ≤ =.� - .-9. ATTENDANCE RECORD HEARINGS ARE AS FOLLOWS ON THIS 25TH DAY OF FEBRUARY, 2009: c c o) c T V R' • H CL co D R d Ct N CO • U v • O N !Q • -17 ✓ A 3 J 0 L N N 7 M O O CD O) a # isi O 0 O 0 PLEASE legibly write or print your name and complete address. 123 Nowhere Street, City, State, Zip h \ P J . G c t C b v Z 4�� 1 ki nN e. u) � 1''y °a �� N John Doe c �JL n ry S d ' Z 'j `7 1� l.� • • ATTENDANCE RECORD HEARINGS ARE AS FOLLOWS ON THIS 28TH DAY OF JANUARY, 2009: V J J w J a J VJ G W gy 0 10 N 00 0 c) 00 N N F F 0 OO 0 O PLEASE legibly write or print your name and complete address. ADDRESS 123 Nowhere Street, City, State, Zip C) 7 rG 'JV • -- V z�: t s (hi� aj \„ I M NAME John Doe �� J sr .--,.:- s" � 3 ;J J Le H Yr i Hello