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HomeMy WebLinkAbout20090242SITE SPECIFIC DEVELOPMENT PLAN AND U BY SPECIAL REVIEW (USR) APPLICATION • FOR PLANNING DEPARTMENT USE DATE RECEIVED: RECEIPT # /AMOUNT # /$ CASE # ASSIGNED: APPLICATION RECEIVED BY PLANNER ASSIGNED: Parcel Number: 070726000013 Legal Description: Part of the East 1/2 of Section 26 Township 7N Range 66 West of the 6th P.M. Weld County, CO. Flood Plain: None Zone District A (Agricultural) Total Acreage: 112 Acreage for USR: 55.3 Overlay District: None Geological Hazard: None FEE OWNER(S) OF THE PROPERTY: Name: Rusco Land and Cattle, LLC Phone: (970) 834-1583 Address: 37905 WCR 35 City/State/Zip Code: Eaton, CO 80615 APPLICANT: Name: Rusco Land and Cattle, LLC AUTHORIZED AGENT (See Below: Authorization must accompany applications signed by Authorized Agent) Name: Cody Hollingsworth, AGPROfessionals, LLC Address: 4350 Highway 66, Longmont, CO 80504 • Phone: (970) 535-9318. Email: chollingsworth@agpros.com PROPOSED USE: To apply for a Use By Special Review Permit for an expansion of an existing feeding operation consisting for a total of 9,000hd, new pens, working areas, commodity area, feed mill, feed storage area and associated storm water retention ponds. I (We) hereby depose and state under penalties of perjury that all statements, proposals, and/or plans submitted with or contained within the application are true and correct to the best of my (our)knowledge. Signatures of all fee owners of property must sign this application. If an Authorized Agent signs, a letter of authorization from all fee owners must be included with the application. If a corporation is the fee owner, notarized evidence must be included indicating that the signatory has to legal authority to sign for the corporation. 5-5 -Orr ignat re: Owner .r Authorized Agent Date • Oof EXHIBIT SiZ • • • • SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW (USR) QUESTIONNAIRE The following questions are to be answered and submitted as part of the USR application. If a question does not pertain to your use, please respond with "not applicable", with an explanation as to why the question is not applicable. 1. Explain, in detail, the proposed use of the property. The existing use of this property is a feedlot facility. This proposal is to obtain a new special use permit for a 9,000 head livestock feeding facility. The livestock feeding facility is located on one contiguous parcel totaling approximately 112 acres. Activities will include feeding beef cattle; storing and processing feed; storing and maintaining feeding equipment; and farming. Supporting infrastructure includes buildings and corrals for livestock husbandry, equipment storage, maintenance facilities, waste management control structures and employee housing. This proposal is to add new corrals, supporting buildings and structures, and new storm water ponds. The facility will be operated under applicable local, state and federal regulations. The facility will also use standard and traditional operating procedures and best management practices consistent for beef feedlots. 2. Explain how this proposal is consistent with the intent of the Weld County Code, Chapter 22 (Comprehensive Plan). Section 22-2-60 A.Goal.1 states "Conserve agricultural land for agricultural purposes which foster the economic health and continuance of agriculture". 1. A.Policy 1.1 states "Agricultural zoning will be established and maintained and promote the County's agricultural industry. Agricultural zoning is intended to provide areas for agricultural activities and other uses interdependent upon agriculture." The proposed use is consistent with the Weld County Comprehensive plan through the preservation, enhancement and growth of agriculture. The facility supports commercial and industrial uses directly related to or dependent upon agriculture. The proposed site is not located within a flood hazard zone, a geologic hazard zone or airport overlay zone. The property use is necessary in Weld County to preserve the agricultural economic base historically attributed to the area. The proposed request is consistent with the Weld County Comprehensive Plans support of agricultural activities. 3. Explain how this proposal is consistent with the intent of the Weld County Code, Chapter 23 (Zoning) and the zone district in which it is located. • • • • This proposal meets the intent of the agricultural zone district where the site is located. A livestock confinement operation exceeding four (4) animal units per acre are permitted in the A (Agricultural) zone district as a Use -by -Special Review. Currently there are four (4) similar uses in the area. Public health, safety and welfare are protected through adherence to applicable county, state and federal regulations and requirements and conditions of this permit. 4. What types of uses surround the site? Explain how the proposed use is consistent and compatible with surrounding land uses. Agricultural uses that surround this site are primarily crop farming and rural residential. There are other confined animal feeding operations that surround this site. They are as follows: a livestock feeding facility located approximately .8 miles west of this facility, a livestock feeding facility approximately 1 mile southwest of this facility, and a Dairy approximately 3.3 miles southwest of this facility. This proposal is compatible with the surrounding agricultural uses and the Weld County Comprehensive Plan. 5. Describe, in detail, the following: a. How many people will use this site? Currently there are 5 employees at this site. b. How many employees are proposed to be employed at this site? At full build -out there will be approximately 5 employees working at the site. c. What are the hours of operation? The facility will operate approximately 12 hours per day. Equipment operations, trucks, farming activities and maintenance activities, other than emergencies, will occur primarily during daylight hours. d. What type and how many structures will be erected (built) on this site? At this time there are no new buildings planned. Existing buildings, pens, and commodity areas will remain, and new pens will be constructed to house the intended 9,000 head. e. What type and how many animals, if any, will be on this site? The applicant is requesting 9,000 head of beef cows. f. What kind (type, size, weight) of vehicles will access this site and how often? • • • Typical vehicles accessing this site include feed and hay delivery trucks, semi- tractor/trailer, employee and owner vehicles, animal product vendors, and ag- related equipment. Operating equipment includes typical farming equipment, tractors, loaders and attachments. The following numbers are estimates anticipated upon the renovation of the site. Commodity Trucks: 4 per/day Manure: 5/day Livestock transportation — 4/day Rendering Truck — when needed. Employees — Daily Services, Venders, and Visitors g. Who will provide fire protection to the site? Eaton Fire Protection District. h. What is the water source on the property? (Both domestic and irrigation). j• Water for the livestock feeding facility domestic water is provided by one well with attached permit, and one North Weld county water district tap. There is currently no irrigation water on the subject property. What is the sewage disposal system on the property? (Existing and proposed). Sewage disposal for the homes and parlor are septic systems as evidenced by the accompanying permits. If storage or warehousing is proposed, what type of items will be stored? Storage and warehousing are not proposed as the primary use of this site. Feed, livestock bedding, manure, equipment parts, and supplies typical of farming activities will be stored on site. 6. Explain the proposed landscaping for the site. The landscaping shall be separately submitted as a landscape plan map as part of the application submittal. There is no further landscaping planned at this time. 7. Explain any proposed reclamation procedures when termination of the Use by Special Review activity occurs. Reclamation procedures include compliance with applicable state regulations to manage solid manure and stormwater runoff until all relative material is adequately removed. Should the facility be permanently discontinued for use as a livestock feeding facility, it would be marketed under applicable county planning and zoning regulations to its greatest and best use. 8. Explain how the storm water drainage will be handled on the site. Storm water drainage will be handled by the current wastewater retention structures, and berms. These berms and storm water ponds will be redesigned and enlarged to handle the additional capacity needed for this expansion. All stormwater retention structures will be designed to meet required federal, state and local regulations. Specific details regarding storm water management are outlined in the Nutrient Management Plan. 9. Explain how long it will take to construct this site and when construction and landscaping is scheduled to begin. Construction of the additional pens will begin immediately upon approval of the Use by Special Review permit; it will take approximately 2 years to complete the plan. 10. Explain where storage and/or stockpile of wastes will occur on this site. • • The manure produced at the facility will be hauled off and provided to local farmers. Storm water and wastewater will be collected into wastewater retention structures. All storm water structures are designed to meet all required regulations. No hazardous material storage is proposed for this site. Stormwater and wastewater will be periodically land applied at agronomic rates. Details of the manure management system are outlined in the Nutrient Management Plan. Debris and refuse will be collected and removed by a local trash service, such as Waste Management or BFI. • • Colorado Department of Public Health and Environment Nutrient Management Plan For USR GENERAL INFORMATION: Name of Facility: _Rusco Land and Cattle, Dalton Facility Facility Physical Location: 37905 WCR 35, Eaton PRODUCTION AREA SECTION: A. STORAGE OF MANURE AND PROCESS WASTEWATER - 61.17(8)(cXi) The CAFO will ensure adequate storage of manure and process wastewater, including procedures to ensure proper operation and maintenance of the impoundments and tanks. The following procedures will be followed by the facility: (A) (B) Except during the designed storm event, manure and process wastewater stored in impoundments and terminal tanks will be removed as necessary to maintain a minimum of two feet of freeboard, or Department -approved alternative freeboard. Whenever the design capacity of impoundments and tanks is less than the volume required to store runoff from the X 25 -Year, 24 - Hour Storm, I i Chronic Storm or Cl 100 -Year, 24 -Hour Storm the structures will be dewatered to a level that restores the required capacity once soils on a land application site have the water holding capacity to receive process wastewater. Process Wastewater Storage Information: I. Impoundment/Tank/Drainage Basin ID 2. Total Capacity Required to Hold all Wastes Accumulated During the Storage Period (acre-feet) 3. Total Capacity Required to Contain Storm Event Runoff and Direct Precipitation (acre-feet) 4. Total Capacity Available (acre-feet) Proposed Lagoon 2.96 8.76 11.49 Manure Storage Information: I. Manure Storage Area ID 2. Amount of Manure Produced (tons/year) 3. Total Amount of Non -pen Area Manure Storage Available (tons) In Pen Storage 9146 @ 32% moisture None Check here X if excess manure is transferred Check here X if manure is stockpiled in pen RECORDKEEPI NG REOLUREMENT.: to a third party. area. storm event, manure of two (2) feet of freeboard, and process wastewater stored in impoundments and terminal tanks is except where the operator has requested and the Ag Program bas approved and tanks is less than the volume requited to store runoff from the designed required capacity once soils on a land application site have the water holding 1) Documentation that except during the designed removed as necessary to maintain a minimum an alternative freeboard level. 2) Documentation that whenever the available capacity of impoundments storm event, the structures shall be dewatered to a level that restores the capacity to receive process wastewater. B. MORTALITY MANAGEMENT — 61.17(8)(c)(ii) The CAFO will ensure proper management of animal mortalities to ensure that they are not disposed of in a liquid manure, stonn water, or process wastewater storage system that is not specifically designed to treat animal mortalities. Method of Animal Mortalities Handling 1 Composting X Rendering !I Burial I I Other: (check all that are applicable): RECORDA'EEPIA'G REOUIREMEN7: NMP for Rusco Land and Cattle Operated by Producer's Feedyard 4/28/08 1 1) Documentation that ensures the proper management of animal mortalities to ensure that they are not disposed of in a liquid manure, storm water-, or process wastewater storage system that is not specifically designed to treat animal mortalities. C. CLEAN WATER DIVERSION — 61.17(8)(c)(iii) The CAFO will ensure that clean water resulting from the X 25 -Year, 24 -Hour Stonn, : I Chronic Storm or ' ' 100 -Year, 24 -Hour Storm is diverted from the production area. Clean water diversions used (check all that are applicable): Location Used: X 13enns North, West, South L Channels X Natural Topography East tl Other I?E('ORUA'EEPING REOUIREAIENT: I) Documentation that clean water is diverted from the designed storm event from the production area. D. PREVENTION OF DIRECT CONTACT OF ANIMALS WITH WATERS OF THE UNITED STATES — 61.17(8)(c)(iv) The CAFO will prevent direct contact of confined animals with surface waters. Waters of the 11.S. means, in part: a) All waters... susceptible to use in interstate or foreign commerce...; b) Ali interstate waters...; c) All other waters such as intrastate lakes, rivers, streams (including intermittent streams), mudflats, sandflats, wetlands' (including wetlands adjacent to waters identified in (a) through (e) of this definition), sloughs, prairie potholes, wet meadows, playa lakes, or natural ponds the use, degradation, or destruction of which would affect or could affect interstate or foreign commerce including any such waters: I) Which are or could be used by interstate or foreign travelers for recreational or other purposes; 2) From which fish or shellfish are or could be taken and sold in interstate or foreign commerce; or 3) Which are used or could be used for industrial purposes...; d) All impoundments of waters otherwise defined as waters of the United States under this definition2; and e) Tributaries of waters identified in paragraphs (a) through (d) of this definition. r Wetlands means those areas that are inundated or saturated by surface or groundwater at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. 2 Waste treatment systems, including treatment ponds or lagoons designed to meet the requirements of CWA (other than cooling ponds as defined in 40 CFR 423.11(m) which also meet the criteria of this definition) are not waters of the United States. This exclusion applies only to manmade bodies of water which neither were originally created in waters of the United States (such as disposal area in wetlands) nor resulted from the impoundment of waters of the United States. I. Do waters of the U.S. flow through the reduction area? X Yes U No 2. Do the animals have access to waters of the United States? a Yes X No 3. If yes, list the measures used to prevent direct contact (e.g. fencing) of animals with waters of the United States: Animals are confined in corrals RECORDA'EEPING REOUIREMENT: 1) Documentation that there is prevention of direct contact of confined animals with waters of the United States. storage [ X X f X fl n RE('ORDKEEPING E. CHEMICAL AND OTHER CONTAMINANT HANDLING — 61.17(8)(c)(v) The CAFO will ensure chemicals and other contaminants handled on -site are not disposed of in any manure, storm water, or process wastewater system unless specifically designed to treat such chemicals and other contaminants. Check all that are applicable: U Chemicals are used and empty containers are disposed of in accordance with manufacturer's guidelines X Chemicals are not stored in a room with a floor drain that discharges outside , Where are chemicals stored: _Shop Storage is covered Storage has secondary containment - fuel tanks 1 Chemicals are stored in proper containers Where are chemicals disposed: _Not in wastewater ponds No chemicals are used at the facility Other: REOL'IREAIEA'T: 1) Documentation that chemicals and other contaminants bandied on -site are not disposed of in any manure, storm water, or process wastewater storage system unless s ecificall desi ed to treat such chemicals and other contaminants. NMP for Rusco Land and Cattle Operated by Producer's Feedyard 4/28/08 2 LAND APPLICATION SECTION: If manure or process wastewater will be applied to a land application site, check the box here and go to Part (F): X If neither manure nor process wastewater will be applied to a land application site or be transferred to a third party, check the box here and go to Part (M): I., If neither manure nor process wastewater will be applied to a land application site, but one or both will be transferred to a third party, check the box here and go to Part (G) then to Part (M): i. F. CONSERVATION PRACTICES— 61.17(8)(c)(vi) The CAFO will identify and implement site -specific conservation practices to control runoff of pollutants to surface water. I. Conservation Practices for Land Application Sites Please indicate where any of the following best management practices are being implemented to control runoff of pollutants to surface water: Conservation Practice: Land Application Site ID Where Practice is Implemented (for land application sites where surface water is located in or down -gradient of the site): Buffer Setback Conservation Tillage Constructed Wetland Infiltration Field Grass Filter Terrace Tail Water Pit Process wastewater is not allowed to reach end of field Field I & 2 Other (describe l: 2. The facility will also implement the following conservation practices: (A) Solid manure will be incorporated as soon as possible after application, unless the application site has perennial vegetation or is no -tilled cropped, or except where the nutrient management plan adequately demonstrates that surface water quality will be protected where manure is not so incorporated. (B) Process wastewater to furrow- or flood -irrigated land application sites will be applied in a manner that prevents any process wastewater runoff into surface waters. (C) When process wastewater is sprinkler -applied, the soil water holding capacity of the soil will not be exceeded. (D) Process wastewater will not be applied to either frozen or flooded (i.e., saturated) land application sites. (E) Manure or process wastewater will not be land -applied within 150 feet of domestic water supply wells, and within 300 feet of community domestic water supply wells. RECORDKEEPI VG REQUIREMENT: 1) Documentation that site -specific conservation practices have been identified and implemented to control runoff of pollutants to surface water. G. SAMPLING & TESTING OF MANURE, PROCESS WASTEWATER, AND SOIL — 61.17(8)(c)(vii) land associated parts of a CAFO permit( The CAFO will identify protocols for appropriate sampling and testing of manure, process wastewater, and soil. Manure Process Wastewater Soil Frequency of Sampling: X Annually (If analyses are conducted more frequently than X Annually (If analyses are conducted more frequently than For nitrate - As often as necessary to meet the application rate calculation requirements: (indicate frequency) _'early annually, the analyses must be kept on -site for 5 years.) annually, the analyses must be kept on -site for 5 years.) For phosphorus - minimum of once every 5 years or as necessary to meet the transport risk assessment requirements Analyzed for: Total Nitrogen, Ammonia (as N), Nitrate (as N), and Total Phosphorus Total Nitrogen, Ammonia (as N), Nitrate (as N), and Total Phosphorus Nitrate - to necessary depth zone(s): Phosphorus - top one -foot Sampling Protocol Used: X CSU Cooperative Extension (CE) 568 A X CSUCE 568 A X CSUCE 568 A [l Other CSUCE Publication (please cite): [:I Adjacent State CE Publication (please cite): Testing Protocol Used: P CSUCE X Adjacent State CE (please cite): Olsen Lab, MDA certified X USEPA Method -' Department -approved Method (requested in writing) X "Methods of Soil Analysis, Part 3, Chemical Methods" i Department -approved Method (requested in writing) NMP for Rusco Land and Cattle Operated by Producer's Feedyard 4/28/08 3 • H. NUTRIENT Ill IDGET INFORMATION —61.17(8)(c)(x)(A)(VI) Nutrient Budget Information: Crop: Manure and Process Wastewater Application Rate Calculated: Description of Method (calculation/table) to be Used: Corn X CSUCE Published Fertilizer Suggestions rl Adjacent State CE -Published Fertilizer Suggestions I I CNMP Method that meets USDA-NRCS standards .: CO NRCS NMP guidelines I.) Department -approved Method 35+(7.5*YG)-(8*ppm NO3(ave 2ft)-(0.85*YG*%OM)- previous manure application credits -plow down legume credit Tables 7A-8 CSU Bulletin #568A Alfalfa X CSUCE Published Fertilizer Suggestions I Adjacent Slate CE -Published Fertilizer Suggestions CI CNMP Method that meets USDA-NRCS standards r. CO NRCS NMP guidelines I I Department -approved Method (((YG*2000)*(% Protein/6.5)*(0.6))/0.66) (3.6*ppm NO3 (2ft)-(30* % OM) -previous manure application credits CSU Soil Publication #0.565 I I CSUCE Published Fertilizer Suggestions C' Adjacent State CE -Published Fertilizer Suggestions LJ CNMP Method that meets USDA-NRCS standards rt CO NRCS NMP guidelines ri Department -approved Method I I CSUCE Published Fertilizer Suggestions I J Adjacent State CE -Published Fertilizer Suggestions CI CNMP Method that meets USDA-NRCS standards El CO NRCS NMP guidelines Department -approved Method o CSUCE Published Fertilizer Suggestions o Adjacent State CE -Published Fertilizer Suggestions I7 CNMP Method that meets USDA-NRCS standards LI CO NRCS NMP guidelines rt Department -approved Method LI CSUCE Published Fertilizer Suggestions i i Adjacent State CE -Published Fertilizer Suggestions tl CNMP Method that meets USDA-NRCS standards LI CO NRCS NMP guidelines Ci Department -approved Method Describe how realistic yield goals will be determined: Last 5 years + 5% unless year was affected by severe drouaht.pest invasion, or under fertilization.. Until a 5 year history can be established averaec values fbr_the area will be used as determined by client, RECORDKEEPI.NG REOL/IREAMENT: 1) Documentation of the identification of protocols for appropriate sampling and testing of manure, process wastewater, and soil. NMP for Rusco Land and Cattle Operated by Producer's Feedyard 4/28/08 4 I. LAND APPLICATION— 61.17(8)(c)(viii) The CAFO will establish protocols to land apply manure or process wastewater in accordance with site specific nutrient management practices that ensure appropriate agricultural utilization of the nutrients in the manure or process wastewater. The facility will implement the following protocols: (A) No application of manure or process wastewater will be made to a land application site at a rate that will exceed the capacity of the soil and the planned crops to assimilate nitrate -nitrogen within 12 months of the manure or process wastewater being applied. (B) Manure and process wastewater shall be applied as uniformly as possible with properly calibrated equipment. I ) Method(s) of manure application? spreader truck 2) Method(s) of process wastewater application? flood/furrow 3) Is nutrient application equipment calibrated at least annually? ❑ Yes X No RE('ORDREEP/NO REOLI/REA/ENT: I) Documentation that protocols have been established for land application of manure or process wastewater in accordance with site - specific nutrient management practices that ensure appropriate agricultural utilization of the nutrients in the manure or process wastewater. J. PHOSPHORUS AND NITROGEN TRANSPORT— 61.17(8)(c)(x)(A) Application rates for manure and process wastewater applied to land application sites will minimize phosphorus and nitrogen transport from the sites to surface waters and will be in accordance with the following standards: (I) An initial assessment of the potential for phosphorus and nitrogen transport risk to surface water will be made prior to manure or process wastewater being applied to an application site. There is currently no published tool suitable for assessing nitrogen transport risk. Phosphorus and nitrogen transport risk assessment will be made using the Colorado Phosphorus Index Risk Assessment. The following flow chart will be used to determine whether or nota phosphorus risk assessment must be completed fora land application sites: Will animal manure or other organic nutrients be applied to this site? YES • Is soil test P greater than: 10 ppm AB-DTPA; 30 ppm Bray P I; 40 ppm Mehlich 3, or; 20 ppm Olsen (NaHCO3) YES • Can storm water runoff or irrigation tailwater reach a surface water body? (Continuous or intermittent stream, irrigation ditch, lake, or wetland, etc.) YES V Complete a Colorado Phosphorus Index Risk Assessment for this site. NO —� NO --I* NO —� A Colorado Phosphorus Index Risk Assessment is not required for this site. A -Colorado Phosphorus Risk Assessment is not required for this site. Base organic nutrient application rates on crop nitrogen requirements. A Colorado Phosphorus Risk Assessment is not required for this site. Base organic nutrient application rates on crop nitrogen requirements. NMP for Rusco Land and Cattle Operated by Producer's Feedyard 4/28/08 5 • • J. PHOSPHORUS AND NITROGEN TRANSPORT - 61.17(8)(e)(x)(A) (continued) On sites for which the facility must complete a Colorado Phosphorus Index Risk Assessment, the following best management practices will be incorporated, if applicable: (A) Phosphorus -based manure and process wastewater application rates will be made to an application site where the risk of off -site phosphorus transport is scored as high. (B) No application of manure or process wastewater will be made to a land application site where the risk of off -site phosphorus transport is rated as very high. (Where the initial assessment of a land application site is scored as very high, the facility has a three-year period within which to manage the site for the purpose of lowering the phosphorus transport risk assessment rating to high or less. During this period, manure or process wastewater may be applied to the site at either nitrogen- or phosphorus -based rates.) (C) No application of manure or process wastewater will be made to a land application site where the risk of off -site nitrogen transport to surface water is not minimized. (D) Where a multi -year phosphorus application was made to a land application site, no additional manure or process wastewater will be applied to the same site in subsequent years until the applied phosphorus has been removed from the site via harvest and cm. removal. After an initial assessment is made of potential for phosphorus and/or nitrogen transport from a land application site to surface water, additional assessments will be made at the following frequency, whichever is sooner: Both phosphorus and nitrogen transport risk Every 5 years Where a crop management change has occurred For phosphorus - Assess within I year after such a change would reasonably result in an increase in the transport risk assessment score. For nitrogen - Assess within 1 year after such a change would reasonably result in the nitrogen transport to surface water not being minimized. Where a phosphorus transport risk assessment score was very high Assess phosphorus transport risk within 6 months of intending to apply manure or process wastewater, except where the initial assessment is scored as very high, then there shall be a three-year period within which to manage the site for the purpose of lowering the phosphorus transport risk assessment rating to high or less. During this period, manure or process wastewater may be applied to the site at either nitrogen- or phosphorus -based rates. Where a nitrogen transport risk assessment reveals that nitrogen transport to surface water is not minimized Assess nitrogen transport risk within 6 months of intending to apply manure or process wastewater. K. INSPECT LAND APPLICATION EQUIPMENT-61.17(8Xc)(x)(C) The CAFO will periodically inspect equipment used for land application of manure or process wastewater for leaks. The facility will inspect land application equipment at the following frequencies: ( I ) Annually (within the six month period prior to the first application of manure or process wastewater); and (2) At least once daily when process wastewater is being applied L. SETBACK REQUIREMENTS -- 61.17(8)(c)(x)(D) The CAFO will not apply manure and process wastewater: (I) Closer than 100 feet to any down -gradient surface waters, open tile line intake structures, sinkholes, agricultural wellheads, or other conduits to surface waters unless one of the following is implemented: (II) 35 -foot vegetated buffer to any down -gradient water of the U.S., open tile intake structures, sinkholes, agricultural wellheads, or other conduits to waters of the U.S. where applications of manure, litter, or process wastewater are prohibited. (III) Alternative compliance practices to the 100 -foot setback with prior approval of the Department. Please describe: Compliance Practice Implemented 1(1), (II) or (III) abovcl: Land Application Site ID Where Practice is Implemented: Down -gradient Surface Waters Open Tile Line Intake Structure Sinkholes Agricultural Wellheads 1 Field I & 2 Other Conduits to Surface Waters NMP for Rusco Land and Cattle Operated by Producer's Feedyard 4/28/08 6 M. CERTIFICATION STATEMENT I certify under penalty of low that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is to the best of my knowledge and belief true, accurate and complete. I am aware that there are significant penalties for submitting false information. including the possibility offine and imprisonment for knowing violations. A. NAME AND OFFICIAL TITLE (PRINT OR TYPE) B. PHONE NUMBER C. SIGNATURE D. DATE SIGNED NMP for Rusco Land and Cattle 7 Operated by Producer's Feedyard 4/28/08 • Rusco Land and Cattle • Producers Feedyard Land Requirements, USR Land Application Requirements for 25 -year, 24 -hour Storm Event 5 -year, 24 -hour storm volume( 8.8 A.F.), gallons Total Nitrogen contained in liquid, lbs. Ammonium -Nitrogen contained in liquid, lbs. Organic -Nitrogen contained in liquid, lbs. Ammonium -Nitrogen available after irrigation, lbs. Organic -Nitrogen available 3rd year, lbs. Nitrogen available to plants (PAN) yr. after yr., lbs. Soil Organic Matter, % Irrigation Water NO3 content, ppm Residual NO3 in soil, ppm Expected Yield (grain, Bu/acre; silage, tons/acre) N req. w/ listed O.M., soil N, & lrr. Water NO3, lb./acre) Acres req. if effluent applied via flood irrigation 'Taken from CSU's Bulletin No. 568A Best Management Practices for Manure Utilization 2,854,260 11,417 1.0 5.0 10.0 5,709 5,709 4,453 2,398 6,850 'Total -N = 4.0 lbs./1,000 gal *NH3-N = 2.0 lbs./1,000 gal Organic -N = 2.0 lbs./1,000 gal 22.0% Flood -Irrigation loss' 42% Equilibrium mineralization rate for organic -N` Alfalfa Corn Silage 6 207 25 101 33 68 Based on CSU Extension Bulletin #538 & #0.565 Land Application Requirements for 10 -year, 10 -day Storm Event Maximum pumping requirement ( A.F.), gallons Total Nitrogen contained in liquid, lbs. Ammonium -Nitrogen contained in liquid, lbs. Organic -Nitrogen contained in liquid, lbs. Ammonium -Nitrogen available after irrigation, lbs. Organic -Nitrogen available 3rd year, lbs. Nitrogen available to plants (PAN) yr. after yr., lbs. IPgation Water NO3 content, ppm 1.0 5.0 Residual NO3 in soil(ave 2 ft), ppm Expected Yield (grain, Bu/acre; silage, tons/acre) N req. w/ listed O.M., soil N, & Irr. Water NO3, lb./acre) Acres req. if effluent applied via sprinkler irrigation "Taken from CSU's Bulletin No. 568A Best Management Practices for Manure Utilization 10.0 'Total -N = `NH3-N = Organic -N = 4.0 lbs./1,000 gal 2.0 lbs./1,000 gal 2.0 lbs./1,000 gal 45.0% Sprinkler -Irrigation loss` 42% Equilibrium mineralization rate for organic -N* Alfalfa Corn Silage 6 185 25 101 Based on CSU Extension Bulletin #538 & #0.565 Land Application Requirements for Average Years' Stormwater & Process Water Maximum pumping requirement ( 8.6 A.F.), gallons Total Nitrogen contained in liquid, lbs. Ammonium -Nitrogen contained in liquid, lbs. Organic -Nitrogen contained in liquid, lbs. Ammonium -Nitrogen available after irrigation, lbs. Organic -Nitrogen available 3rd year, lbs. Nitrogen available to plants (PAN) yr. after yr., lbs. Soil Organic Matter, % Irrigation Water NO3 content, ppm Residual NO3 in soil (ave 2 ft), ppm Expected Yield (grain, Bu/acre; silage or grass, tons/acre) N req. w/ listed O.M., soil N, & lrr. Water NO3, lb./acre) Acres req. if effluent applied via flood irrigation *Taken from CSU's Bulletin No. 568A Best Management Practices for Manure Utilization 2,805,386 11,222 5,611 5,611 4,376 2,357 6,733 1.0 5.0 10.0 'Total -N = 4.0 lbs./1,000 gal *NH3-N = 2.0 lbs./1,000 gal Organic -N = 2.0 lbs./1,000 gal 22.0% flood -Irrigation loss* 42% Equilibrium mineralization rate for organic -N" Alfalfa Corn Silage 6 185 25 101 36 67 Based on CSU Extension Bulletin #538 & #0.565 • AGPROfessionals, LLC 4/28/08 it Organic Matter, • a C w a m T' 0 0 • TRAPEZOIDAL WASTE STORAGE POND DESIGN COMPUTATIONS Cr LC 0 C C tO .4i H pa 0 ctV ry aV ,p 0 0 15 a- 715 — 6 0 8 E `m a d p E E J E LL �' m v m a a m = E u m 0 N N$ to y m aw POND DESIGN VOLUME a o a c d ovoor orb45 4 0 0 U' K 0 g CD LIr L N CO sr L d O O O O O 6 0 d' 5 O d t 0 F- 0 0 R >- 0 e c _ 3 E 0 s' C Lt - 0 0 p LO 0 9 o0 0 6 NI CO OS 0 0 co co 0 orvry LIS o co co S SS O 0 S co 88 8 8 S 8 0 S 8A L 8. w w' S 0 0 8 co IN sr LIS OD LO 00 Csi Lri CO ed ILO OS LAS sIL --p 3 H c C 0.1 03 cri 3 S S G Q 0 S 8 8 0 S 0 S 0 S m C S 8 0 S 8 S a 8 a LIS N- CO N- CO tO 0 CO K a LO OS CO 0 0 C C s a a 0 8 S 0 0 0 0 0 LIS CO OD co K w w' EN oLL co n E CO ILO 0 CO CO N CO 0 CO O 2 ov rn 01 0 0 o r Pond Volume v. De 'OWOIOA 2 0 rn 0 0 Z a C, 0 N N if O 2 0 0 LL re N N 0 a 0) Q 9 W 0 m Q a 0 a N Q Y W W 0 co I G a' 8 if S a a` S G C 2 F Z a CO C E O C ua 0 0- 8 CO O¢ O E act .@ e n 01 P. c 0 U 0 et a? FN C O 8 6 2 F 2 U CO tt 2 C a CO C a a C CO C • • • Management Plan For Nuisance Control A Supplement to the Nutrient Management Plan For Producers Feedyard 37905 WCR 35 Eaton, CO 80615 Developed in accordance with Generally Accepted Agricultural Best Management Practices Prepared By AgPro Environmental Services, LLC 4350 Hwy 66 Longmont, CO 80504 April 2008 • • Producers A gPro Environmental Services, LLC Introduction • • • This supplemental Management Plan for Nuisance Control has been developed and implemented to identify methods Producers, will use to minimize the inherent conditions that exist in confinement feeding operations. This supplement outlines management practices generally acceptable and proven effective at minimizing nuisance conditions. Neither nuisance management nor this supplemental plan is required by Colorado State statute or specifically outlined in the Colorado Confined Animal Feeding Operations Control Regulations. This is a proactive measure to assist integration into local communities. These management and control practices, to their best and practical extent, will be used by Producers. Legal Owner, Contacts and Authorized Persons Correspondence and Contacts should be made to: Russ Moss Rusco Land and Cattle, LLC 37905 WCR 39 Eaton, CO 80615 The individual(s) at this facility who is (are) responsible for developing the implementation, maintenance and revision of this supplemental plan are listed below. Russ Moss Owner (Name) (Title) Legal Description The confined animal feeding facility described in this NMP is located at: Part of the East %Y of Section 26, T7N, R66W, of the 6`h P.M., Weld County, Colorado. 2 • • Producers AgPro Environmental Services, LLC Air Quality Air quality at and around confined animal feeding operations are affected primarily from the relationship of soil/manure and available moisture. The two primary air quality concerns at dairies are dust and odor. However, the management practices for dust or odor control are not inherently compatible. Wet pens and manure produce odor. Dry pens are dusty. The two paragraphs below outline the best management practices for the control of dust and odors that Producers will use. The manager shall closely observe pen conditions and attempt to achieve a balance between proper dust and odor control. Dust Dust from pen surfaces is usually controlled by intensive management of the pen surface by routine cleaning and harrowing of the pen surface. The purpose of intensive surface management is twofold; to keep cattle clean and to reduce pest habitat. The best management systems for dust control involve moisture management. Management methods Producers shall use to control dust are: • 2. Regular manure removal Producers will continue to conduct regular manure removal. Manure removal and pen maintenance will be conducted as needed. 1. Pen density Moisture will be managed by varying stocking rates and pen densities. The animals wet manure and urine keep the surface moist and control dust emissions. Stocking rates in new portions of the facility will be managed to minimize dust. • 3. Sprinkler systems Sprinkler systems, timed appropriately, are an effective method for keeping Feedlot surfaces moist. Feedlot cattle produce significant moisture through urine and feces. Pens surfaces are extensively maintained for cattle health. 4. Water Trucks Should nuisance dust conditions arise, water tanker trucks or portable sprinkling systems may be used for moisture control on pens and roadways to minimize nuisance dust conditions. Odor Odors result from the natural decomposition processes that start as soon as the manure is excreted and continue as long as any usable material remains as food for microorganisms living everywhere in soil, water and the manure. Odor strength depends on the kind of manure, and the conditions under which it decomposes. Although occasionally unpleasant, the odors are not dangerous to health in the quantities customarily notices around animal feeding operations and fields where manure is spread for fertilizer. 3 • • Producers AgPro Environmental Services, LLC Producers will use the methods and management practices listed below for odor control: 1. Establish good pen drainage Dry manure is less odorous than moist manure. The feedlot will conduct routine pen cleaning and surface harrowing to reduce standing water and dry or remove wet manure. 2. Regular manure removal Reduce the overall quantity of odor producing sources. The feedlot will conduct routine pen cleaning and harrowing several times per month. 3. Reduce standing water Standing water can increase microbial digestion and odor producing by-products. Proper pen maintenance and surface grading will be conducted by the feedlot to reduce standing water. The stormwater ponds will be dewatered regularly in accordance with the Manure and Wastewater Management Plan for Producers. No chemical additives or treatments of the stormwater ponds for odor control are planned. Research to date indicates poor efficacy, if any, of these products. 4. Land application timing Typically air rises in the morning and sinks in the evening. Producers will consider weather conditions and prevailing wind direction to minimize odors from land application. If it is determined that nuisance dust and odor conditions persist, Producers may increase the frequency of the respective management practices previously outline such as pen cleaning, surface grading and pen maintenance. Additionally, if nuisance conditions continue to persist beyond increased maintenance interval controls, Producers will install physical or mechanical means such as living windbreaks and/or solid fences to further minimize nuisance conditions from dust and odors. Insects and rodents inhabit areas that 1) have an adequate to good food supply and 2) foster habitat prime for breeding and living. Key practices Producers will use to manage insects and rodents are to first eliminate possible habitat and then reduce the available food supply. Producers will control flies by: Pest Control Insects and Rodents 1. Regular manure removal Manure management removes both food sources and habitat • 4 Producers AgPro Environmental Services, LLC 2. Reduce standing water Standing water is a primary breeding ground for insects 3. Minimize fly habitat Standing water, weeds and grass, manure stockpiles, etc., are all prime habitat for reproduction and protection. Reduce or eliminate these areas where practical. 4. Weeds and grass management Keep weeds and grassy areas to a minimum. These provide both protection and breeding areas. 5. Minimize stockpiles or storage of manure Stockpiles of manure provide both breeding and protective habitat. Keep stockpile use to a minimum. 6. Biological treatments Parasitic wasps are excellent biological fly control and are widely used. The wasps lay their eggs in fly larvae hindering fly reproduction. 7. Baits and chemical treatments Due to environmental and worker's safety concerns, chemical treatments are a last line of defense for insect control. Baits and treatments must be applied routinely. However, they are very effective. Rodent control at Producers is best achieved by minimizing spillage of feedstuffs around the operation. Good housekeeping practices and regular feedbunk cleaning, site grading and maintenance are used to reduce feed sources. Rodent traps and chemical treatments are effective control methods and will be used as necessary. In the event it is determines nuisance conditions from pest such as flies and rodents persist, Producers will initially increase the frequency of the housekeeping and management practices outlines previously. If further action is necessary, Producers will increase use of chemical controls and treatments, such as fly sprays and baits and Rodendicide for pest control. 5 REFERRAL LIST • • Name: Rusco Land & Cattle, LLC County Attorney x Health Department x Extension Office _Emergency Mgt Office - Ed Herring Sheriffs Office x Public Works _Housing Authority _Airport Authority x Building Inspection x Code Compliance Ann x Kim Ogle (Landscape Plans) _Lin (Addressing Change of Zone) Ambulance Services State x Div. of Water Resources _Geological Survey _Department of Health _Department of Transportation _Historical Society Water Conservation Board Oil & Gas Conservation Commission Division of Wildlife South Hwy 66 (Loveland) x North Hwy 66 (Greeley) Division of Minerals/Geology Soil Conservation Districts Big Thompson/ FTC _Boulder Valley/Longmont _Brighton/SE Weld Centennial x Greeley/West Greeley Platte Valley West Adams Little Thompson Federal Government Agencies _US Army Corps of Engrs x USDA -APHIS Vet Service Federal Aviation Admin (Structures over 200 ft or w/in 20000 ft of Pub Airport Federal Communications Comm Towns & Cities Ault Berthoud _Brighton Dacono Eaton Erie Evans Firestone _Fort Lupton Frederick _Garden City Gilcrest Greeley Grover Hudson Johnstown Keenesburg _Kersey LaSalle Lochbuie Longmont Mead Milliken _New Raymer Northglenn Nunn Pierce Platteville x Severance Thornton x Windsor Counties Adams Boulder Broomfield Larimer Other _School District RE - _Central Colo. Water _Left Hand Water _Ditch Company _Art Elmquist (MUD Area) Case # USR-1675 Fire Districts Ault F-1 Berthoud F-2 _Briggsdale F-24 _Brighton F-3 Eaton F-4 Fort Lupton F-5 Galeton F-6 Hudson F-7 Johnstown F-8 LaSalle F-9 _Mountain View F-10 Milliken F-11 Nunn F-12 Pawnee F-22 Platteville F-13 _Platte Valley F-14 _Poudre Valley F-15 _Raymer F-2 _Southeast Weld F-16 _Union Colony F-20 Wiggins F-18 x Windsor/Severance F-17 Commissioner x Oschner Hello