HomeMy WebLinkAbout20093810.tiffY
AGPROfessionals LLC
DEVELOPERS OF AGRICULTURE
December 21, 2009
Phyllis Woodford
CDPHE
PPP -B2
4300 Cherry Creek Dr., South
Denver, CO 80246-1530
RECEIVED
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ENVi..,,.. ,icIVTAL HEA
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SERVICES
RE: Mile High Dairy, AGPRO Project # 2315-02
Dear Phyllis:
Mile High Dairy has completed the installation of the tile drainage system as agreed upon
in your letter from October 1, 2009. The tile system has been installed in accordance
with the design drawings and specifications. The elevation of the groundwater will
continue to be monitored with the piezometers twice annually and results submitted as
outlined in the October 1, 2009 letter.
Enclosed is a drawing indicating the tile system location and grades. As always if you
have any questions or concerns please don't hesitate to call.
Sincerely,
ONAL EN
Travis Hertn eCy;PE
Agricultural Engineer
cc: Wes Bangma, Mile High Dairy
Troy Swain, Weld County Department of Public Health and Environment
Enclosure: Constructed Tile System Drawing
ENGINEERING, SURVEYING, PLANNING & CONSULTING
4350 Highway 66 ■ Longmont, CO 80504
970.535.9318 / office ■ 970.535.9854 / fax • www.agpros.com
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From:
Sent:
To:
Cc:
Subject:
Mr. Don Anderson
AGPROfessionals, LLC
4350 Highway 66
Longmont, CO 80504
Troy Swain
Friday, October 02, 2009 10:15 AM
Don Anderson
Chris Gathman; Trevor Jiricek; Erin Kress
AmUSR-686, Prior to Recording the Plat Condition 1.0 - Mile High Dairy's impoundment liner
setback to seasonal high groundwater.
RE: AmUSR-686, Prior to Recording the Plat Condition 1.0 regarding Mile High Dairy's
impoundment liner setback to seasonal high groundwater.
Dear Mr. Anderson:
The Department received a copy of your Groundwater Management Proposal, dated September 29,
2009 and the Colorado Department of Public Health and Environment Environmental Agricultural
Program's conditional approval, dated October 1, 2009.
Prior to Recording the Plat Condition 1.0. of AmUSR-686 will be met, provided the actions
outlined in the Environmental Agriculture Program's letter are taken by Mile High Dairy.
Please ensure that the construction schedule for the dewatering structure is adhered to, copy
this Department all groundwater level monitoring data, and provide this Department a copy of
the as built drawings of the dewatering structure.
If you have any questions, please contact me. Thanks,
Troy E. Swain
Environmental Health Specialist
Weld County Dept. of Public Health & Environment
1555 N. 17th Avenue
Greeley, CO 80631
(970) 304-6415, ext. 2219
(970) 304-6411 (fax)
1
STATE OF COLORADO
Bill Ritter, Jr., Governor
James B. Martin, Executive Director
Dedicated to protecting and improving the health and environment of the people of Colorado
4300 Cherry Creek Dr. S.
Denver, Colorado 80246-1530
Phone (303) 692-2000
TDD Line (303) 691-7700
Located in Glendale, Colorado
http://www.cdphe.state.co.us
October 1, 2009
Wes Bangma
Mile High Dairy, LLC
15333 WCR 5
Longmont, CO 80504
Laboratory Services Division
8100 Lowry Blvd.
Denver, Colorado 80230-6928
(303) 692-3090
Subject: Mile High Dairy Ground Water Management Proposal
Colorado Department
of Public Health
and Environment
Dear Mr. Bangma:
The Colorado Department of Public Health and Environment's Environmental Agriculture Program (Ag
Program) received a letter dated September 29, 2009 from Mr. Don Anderson with AgProfessionals,
LLC. The letter included detailed information on an intervention strategy to address groundwater
concerns specific to a newly constructed impoundment at Mile High Dairy. After reviewing the proposal,
the Ag Program has the following response.
First and foremost, the Ag Program is appreciative of the additional steps you have committed to take in
order to address the environmental concerns raised by the state and the Weld County Department of
Public Health and Environment related to the aforementioned impoundment. Installation of a perforated
drain tile line along the north perimeter of the newly constructed impoundment, in addition to periodic
monitoring of ground water levels, as described below, will provide the state with added assurance that
ground water, and the impoundment's clay liner, will be protected as intended by Colorado Water Quality
Control Commission Animal Feeding Operation Control Regulation No. 81.
As proposed, the Ag Program approves the dairy's Groundwater Management Proposal. In addition, the
Ag Program asks the dairy to use existing monitoring wells to observe the static ground water level
around the impoundment for a period of three years. Ground water level readings should be taken from
each monitoring well between the period of June 15th and July 15th, as well as between August 15th and
August 31st of each year, beginning in 2010. The Ag Program also requests that the readings be submitted
to the program within 30 days of obtaining the results.
The Ag Program anticipates that construction of the tile line will be completed within a reasonable time
period not to exceed 90 days from the date of this letter. If an alternative schedule is planned, please
update the Ag Program with the proposed schedule. Additionally, within 30 days of completing
Mr. Bangma
October 1, 2009
Page Two
installation of the drain tile system, the Ag Program requests that an as -built drawing indicating the actual
design elevations be submitted to the program.
Thank you again for your willingness to work with the Ag Program. If you have questions, feel free to
contact either myself at 303-692-2978 (phvllis.woodfordtstate.co.us) or Erin Kress at 303-692-3523
(erin.kress(ib,state.co.us).
Sincerely,
Phyllis I. Woodford
Program Manager
Environmental Agriculture Program
Office of Environmental Integration & Sustainability
cc: Troy Swain, Weld County Department of Public Health &Environment, via email
Don Anderson, AgProfessionals, via email
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AGPROfessionals, LLC
DEVELOPERS OF AGRICULTURE
September 29, 2009 AGPRO Project # 2315-04
Ms. Phyllis Woodford
Program Administrator
Water Quality Control Division
4300 Cherry Creek Drive, South
Denver, CO 80246-1530
RE: Mile High Dairy 15333 Weld County Road 5, Longmont, CO 80504
Groundwater Management Proposal
Dear Phyllis,
Please accept the following as Mile High Dairy's proposal for mitigation of the alleged
groundwater impact to the existing clay liner of the newly constructed impoundment at the
Mile High Dairy. It continues to be the opinion of Mr. Wes Bangma, the owner of Mile High
Dairy, that the following intervention strategy is unnecessary due to the fact that the
impoundment and it's respective clay liner was installed in a manner which meets all
regulatory requirements of 81.8(2) and 81.6 (6)(a)(i) of 5 CCR 1002-81. Although this
impoundment, and it's respective clay liner was constructed in accordance with the design of
a professional engineer registered in the state of Colorado, Mile High Dairy agrees to
implement the following additional steps to satisfy concerns of both the Colorado Department
of Public Health and Environment (CDPHE) Ag Program and the Weld County Department
of Public Health and Environment (WCDPHE) concerning groundwater impact.
Mile High Dairy proposes to install a perforated drain tile line along the north perimeter of the
existing impoundment at a depth of five (5) feet below the ground surface. Groundwater
flows in a north to south direction at this location. This drain tile will intercept groundwater
which may reach the zone below the impoundment liner and within the four (4) feet of
setback referenced in 81.8 (6)(a)(i) of 5 CCR 1002-81. The drain tile will be installed on a
grade to discharge intercepted groundwater to an existing irrigation drainage ditch located
west of the referenced impoundment. This drain tile system will be designed and approved by
a professional engineer registered in the state of Colorado.
It is requested that the CDPHE Ag Program provide Mile High Dairy with written approval of
this proposal to facilitate installation of this system. This approval will also be provided to
WCDPHE in order to secure approval and finalization of the necessary steps to record the
final plat for the Use by Special Review and Site Specific Development Plan.
ENGINEERING, SURVEYING, PLANNING & CONSULTING
4350 Highway 66 IN Longmont, CO 80504
970.535.9318 /office ■ 970.535.9854 / fax ■ www.agpros.com
G� O
As you indicated during our conversation on September 24, 2009, a reply from the Ag
Program would be provided on a timely basis, and could be expected on or before October 6,
2009. Mile High Dairy anticipates your reply. A drawing of the proposed drain tile is
enclosed for your review.
Sincerely,
Don E. Anderson
Director of Client Relations
Enclosure: Mile High Groundwater and Proposed Tile Drawing — Sheet 1 of 1
Cc: Mr. Wes Bangma — Mile High Dairy (by electronic mail)
Mr. Troy Swain — WCDPHE (by electronic mail)
OttCOLORADO -
WI�'Dc
September 28, 2009
DEPARTMENT OF PLANNING SERVICES
GREELEY OFFICE
918 Tenth Street
Greeley, CO 80631
kogel@co.weld.co.us
PHONE: (970) 353-6100, Ext. 3549
FAX: (970) 304-6498
Tim Naylor
AGPROfessionals, LLC
4350 State Highway 66
Longmont CO 80504
Subject: Mile High Dai CAlyiUSR-6861 A parcel being part of the E2 and Lot B of RE -525 also being part
of the E2 of Section 17, T3N, R68W of the 6'" P.M., Weld County, CO
Dear Mr. Naylor:
The Department of Planning Services has received a complaint that the property is not being maintained
in compliance with the Board of County Commissioners Resolution. AMUSR-686 was approved by the
Board of County Commissioners on May 21, 2008 and Development Standard number 28 states that the
property owner or operator shall be responsible for complying with the Operation Standards of Section
23-2-250 of the Weld County Code. The site is not in compliance with Section 23-2-250.F of the Weld
County' Code which states that 'Property shall be maintained in such a manner that grasses and weeds
are not permitted to grow taller than twelve (12) inches. In no event shall the property owner allow the
growth of noxious weeds'.
Any information you have that may help to resolve this matter will be helpful. Please notify me, in Writing,
within 10 working days. Planning Services Staff can be contacted at the above address or phone number.
Should you have any questions regarding this letter, or if you need any further information, please feel
free to contact me at the above address, telephone number or e-mail address. If you wish to see me
personally, please call to schedule an appointment so that I may reserve a sufficient amount of time with
you.
Sincerely,
Kim Ogle
Planning Services
File: AmUSR-686
W�iYG
COLORADO
September 28, 2009
Tim Naylor
AGPROfessionals, LLC
4350 State Highway 66
Longmont CO 80504
DEPARTMENT OF PLANNING SERVICES
GREELEY OFFICE
918 Tenth Street
Greeley, CO 80631
kogel@co.weld.co.us
PHONE: (970) 353-6100, Ext.- 3549
FAX: (970) 304-6498
Subject: Mile High Dairyrj MUSR-686' d parcel being part of the E2 and Lot B of RE -525 also being part
of the E2 of Section 17, T3 17R68W of the 6t" P.M., Weld County, CO
Dear Mr. Naylor
The Department of Planning Services has received a complaint that the property's exterior lighting is not
in compliance with the Board of County Commissioners Resolution. AMUSR-686 was approved by the
Board of County Commissioners on May 21, 2008 and Development Standard -number 25 states that the
property owner or operator shall be responsible for complying with the Operation Standards of Section
23-2-250 of the Weld County Code. The site is not in compliance with the approved lighting plan.
Any information you have that may help to resolve this matter will be helpful. Please notify me, in writing,
within 10 working days. Planning Services Staff can be contacted at the above address or phone number.
Should you have any questions regarding this letter, or if you need any further information, please feel
free to contact me at the above address, telephone number or e-mail address. If you wish to see me
personally, please call to schedule an appointment so that I may reserve a sufficient amount of time with
you.
Sincerely,
Kim Ogle
Planning Services
File: AmUSR-686
Page 1 of 2
Jacqueline Hatch
From: Jacqueline Hatch
Sent: Wednesday, June 03, 2009 9:20 AM
To: 'Don Abdow'
Cc: Douglas Rademacher; Thomas Honn
Subject: RE: Bagman FAMILY Dairy
Attachments: 20081293. of
Don,
Thanks for your email.
I have attached a copy of the Board of County Commissioners Resolution. I do have the file in the Longmont
Office if you would like to come in and view the application. The Longmont hours are Tuesday and Thursday from
7:30-4:30 (closed for lunch between 11:30-12:30). Just let me know when you will be coming in so I can make
sure that I will be there to answer any questions you may have.
The applicant's representatives did inform me that the lights would be turned off until a time that the lights can be
in compliance with the Weld County Code Section 23-2-250.D.
D. The uses shall comply with the following lighting standards:
1. Sources of light, including light from high -temperature processes such as combustion or welding,
shall be shielded so that light rays will not shine directly onto adjacent properties where such would cause a
nuisance or interfere with the use on the adjacent properties; and
2. Neither direct nor reflected light from any light source may create a traffic hazard to operators of
motor vehicles on public or private streets and no colored lights may be used which may be confused with
or construed as traffic control devices.
The hours of operations are 24 hours a day, 365 days a year as outlined in Development Standard #4.
Please let me know if you havb any questions
Thanks!
Jacqueline
From: Don Abdow [mailto:dabdow@gmail.com]
Sent: Friday, May 29, 2009 9:35 PM
To: Jacqueline Hatch
Subject: Bagman FAMILY Dairy
Jacqueline,
I never heard if there was a hearing regarding my complaint? Wes did turn the lights off entirely. He
wasn't happy about it but then again he doesn't even live on the dairy he goes home every day to live in
the city of Longmont, so he wasn't aware that it was an issue. I was just writing this email as a truck
drove by delivering grain to the dairy, 9:00 pm Friday night. I do believe that the hours of operation are
from 8:00 to 5:00 as mentioned in the requirements. But them again it is up for interpretations as I have
found.
I would like a request to review all the improvements, requirements, or promises that the Bagman's
promised at the hearing. Is that something that the county is holding them responsible? Or is it up the
the neighbors to make them accountable for the improvements, requirements, promises. If so let me
know and I will have no problem in reviewing notes and transcripts to remind our representatives of
their commitments.
6/3/2009
Page 2 of 2
Please feel free to cc the APRO guys and the Bagman family as I couldn't fmd their addresses from
previous emails.
Respectfully,
Don Abdow
These are not just my issues with the bagmans dairy, the neighboors are getting tired the traffic the non
smelling lagoon. Can't wait until they fire up the sprinklers .
6/3/2009
Page 1 of 1
Jacqueline Hatch
From: Jacqueline Hatch
Sent: Thursday, May 21, 2009 10:45 AM
To: Tim Naylor'
Cc: Don Dunker; Thomas Honn
Subject: AmUSR-686, Comments for Plat Review
Attachments: Comments for final plat review 051809.DOC
Tim,
Attached are comments from Don Dunker with Public Works regarding his review of the first set of paper plats.
The only change I noted on the 2nd set of paper plats is that all drain tiles with easements need to be shown on
the plat.
At this point once the changes outlined in Don's memo are completed and the drain tiles with easements are
shown on the plat. The mylar can be submitted for recording along with $21.00 for the recording fee (2 pages —
first page $11.00 second page $10.00).
I have also reviewed the Improvements Agreement and find that the amount will be adequate ($19,112.50).
Please submit a form of collateral for these improvements. Once I have received the collateral I will bring the
Improvements Agreement and collateral before the Board of County Commissioners for approval. Once
approved the mylar can be recorded.
Let me know if you have any questions
Thanks,
Jacqueline
5/21/2009
Jacqueline Hatch
From:
Sent:
To:
Subject:
Don Dunker
Thursday, May 21, 2009 10:41 AM
Jacqueline Hatch
RE: AmUSR-686, Comments for Final Plat Review
Yes, unless something else comes up.
Don D.
Original Message
From: Jacqueline Hatch
Sent: Thursday, May 21, 2009 9:42 AM
To: Don Dunker
Subject: FW: AmUSR-686, Comments for Final Plat Review
S00000 once the changes are made to the plat as outlined in the memo you sent the
beginning of this week - your good right?
From: Marjorie Caudill
Sent: Monday, May 18, 2009 11:47 AM
To: Jacqueline Hatch
Cc: Don Dunker
Subject: AmUSR-686, Comments for Final Plat Review
See attached - hard copy to follow
1
COLORADO
Weld County Planning Department
GREELEY OFFICE
MEMORANDUM f Av '9nn
RECEIVED
TO: Jacqueline Hatch, Planning Services DATE: May 18, 2009
FROM: Don Dunker, P.E., CFM, Public Works Lee
SUBJECT: AmUSR-686, Martin & Johanna Bangma 1989 Trust & Rocky
Mountain Fuel Company, represented by Mile High Dairy LLC
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:
REQUIREMENTS:
The applicant shall correct the cover letter ... pump down elevation of 5093.5' in the last sentence of the third
paragraph is not correct.
All calculation and chart sheets shall be stamped, signed and dated by a license Engineer able to practice
within the State of Colorado.
When showing the sight triangles on the plat follow the Colorado Department of Transportation (CDOT)
procedure. Include the sight triangle symbol in the legend.
Correct the spillway elevation on the Plat it should be 5043.3'.
Label County Road 5 on the plat map.
Label the feed alley surface treatment on the Plat.
pc: AmUSR-686
email: Jacqueline Hatch, Planning Services
M:\PLANNING — DEVELOPMENT REVIEWWmUSR-Amended Use by Special ReviewWmUSR-686\Comments for final plat review 051809.DOC
COPY
fEt1 4 PE : _F,.;APRIi-Ls URA �..
May 14, 2009
Mr. Tom Honn
Weld County Department of Planning Services
918 10th Street
Greeley, CO 80631
Subject: AMUSR-686 - Job #2315-04 Mile High Dairy AMUSR
Dear Mr. Honn:
e County Planning Department
GREELEY OFFICE
MAY 15 2009
RECEIVED
In regards to the AMUSR-686 Mile High Dairy compliance violation, it is Mile High Dairy's
contention that the dairy is in compliance with the Development Standard #1 and Section 23-3-50 D. of
the Weld County Land Use Regulations.
The County has -established precedence with USR-1356 Busker Dairy located in Firestone, Colorado,
which allowed for a permitted head count of. 1450 animal'units and Uses Allowed by Right allowance
for the additional head on. contiguous parcels. The placement of the animals`was not confined to
either parcel, but could move between the parcels as needed.
Currently the Mile High Dairy is located on 2 contiguous parcels, parcel numbers 120717000014 and
120717000027, totaling 183.27 acres. The USR boundary is located on approximately 60 acres with
the remaining acreage being 123.27 acres. USR-686 allows for 900 head on 60 acres and the remaining
123.27 acres will allow for an additional 493 head as Use by Right. This is a total of 1393 head which
is more animals than are currently located on the property. Based on the established precedence Mile
High Dairy is not in violation of the animal units.
At this time, Mile High Dairy has supplied all necessary documentation to the Planning Staff to finalize
and complete the Amended USR-686, and upon approval of the Conditions, will be recording the final
plat. I expect to record the plat by May 20, 2009. AMUSR-686 allows for 1950 head of cattle.
ENGINEERING, SURVEYING, PLANNING & CONSULTING
4350 Highway 66 o Longmont, CO 80504
970.535.9318 / office o 970.535.9854 / fax 0 www.agpros.com
Mile High Dairy has established compliance with the USR and Use by Right on the property, and as
indicated in the letter dated May 12, 2009, has corrected the lighting concern. Mile High Dairy requests
that the violation against them be dropped.
If you have any questions please call me at (970) 535-9318.
Thank you,
im Naylor
Planning Consultant
Cc. Wes Bangma
V Jacqueline Hatch-Drouillard
Commissioner Rademaker
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