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Home My WebLink About20090249Page 1 of 1 Gary Carsten From: Dave Sloan [danna@vail.netj Sent Monday, January 19, 2009 8:00 AM To: gcarsten@eatonco.org Subject: feed lot I am one of the newer residents of Eaton. In fact I have not fully moved in. I purchased a home on the 31st of December. This past weekend I was at my new home and found the flyer for the town meeting on the 15th. Unfortunately I missed the meeting. I would like to express my opposition to the proposed feed lot north of town. If I had know of this proposal prior to my buying my house I may have reconsidered. I certainly feel that a feed lot that close to town will have a negative impact upon everyone in town. I looked for property for two years around Eaton, Alt, Ft. Collins, etc. There were some nice properties that I rejected just because they were located too close to a feed lot. I think that those properties are still on the market. Please express my opposition to the feed lot to all who are concerned. Thank you for your time. Dave Sloan 230 S. Maple Ave. EXHIBIT 5 1/19/2009 .9er y- e&V/ Don Cadwallader From: nt: o: Subject: Donald Cadwallader Idcadwallader c@eatonco.org] Thursday, January 15, 2009 11:51 PM dcadwallader@eatonco.org Data posted to form 1 of http://www.eatonco.org/Contact Form.htm ****************************************************************************** Name: Jon Seneff Address: 220 South Maple City: Eaton State: CO T3: 80615 Phone: 970 3101870 Cell Phone: 970 3101870 Email: j_seneff@yahoo.com Do You Want_A_Response: Yes Response: EMail Response: Yes Mail Response: Yes Phone Response: Bl: — Submit Remote Name: 71.218.154.123 Remote User: Date: 09-01-15 Time: 11:50 PM 51: I arrived home tonight late, and was surprised to see a notice of a meeting that was held at 7 pm to discuss a proposed livestock confinement. I am very concerned about this SEroposal and I am hoping the town is doing everything in their power to prevent this from ccurring. I purchased my house here about 10 months ago and have really enjoyed living here, i looked at Ault Pierce and the others before purchasing here, but found Eaton to really be the only town that was growing and thriving, government here is sound as well as police and fire services. It has great neighborhoods and amazing schools which I hope to enroll my future family in to, it so nice here my parents have been thinking about making the move from Fort Collins. The reason I say these things is that I see much of these great things being put in danger due to a livestock confinement operation. I feel that something of this nature being directly upwind of us would surely detour future business opportunities as! well as future residents, not to mention I don't want my investment to decline in value. In these times businesses and home owners have plenty to worry about without the worry that something like this might materialize and decline the value of all our property. I'm reminded of a neighborhood lying directly south of a dairy south of Fort Collins. It was built and I believe every lot was spoken for and homes were built, after a couple years nearly every home in the sub. had been resold at a fraction of the initial purchase price. I can't say it was directly because of the dairy, there is no proof of that, but a friend that works at environmental health was constantly fielding complaints because of the smell, so you can figure that was a good indication. This was not the Dairy's fault granted they were there first, but the builder's fault, but has now created a heated conflict. I only hope that this type of conflict can be prevented. I decided not to purchase a very nice ho! me in Pierce before buying this property due to the fact that 2 of 3 Thanks for listening, Jon Seneff • 1. Don Cadwallader From: o:: Subject: Donald Cadwallader [dcadwallader@eatonco.org] Thursday, January 15, 2009 7:36 PM dcadwallader@eatonco.org Data posted to form 1 of http://www.eatonco.org/Contact Form.htm +++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++ Name: Richard and Carol Weitzel Address: 1350 3rd Street City: Eaton State: CO T3: 80615 Phone: 454-3049 Cell Phone: Email: rlcaweitzel@aol.com Do You Want A_ Response: Yes Response: No EMail Response: Mail Response: Phone Response: gl: — Submit Remote Name: 71.218.47.231 Remote User: Date: 09-01-15 Time: 07:36 PM 51: Proposed Feedlot Northwest of town! •e were not able to attend the Town Meeting tonight regarding the proposed feedlot just orth of town. We fully realize this is a farming community and I was raised on a farm near Severance; however, the size of this feedlot and it being so close to the town of Eaton is just not acceptable. The location is also completely undesireable as the prevailing winds will bring the smell directly over the town...it might also come over the city of Greeley. Many of us recall the impact Monfort feedlots, which used to be North of Greeley, had on the city of Greeley. After many years of disconfort and possible health concerns Monfort closed those feedlots and moved it to Gilcrest and Kersey. Let us please be sensitive enought or learn from the past and do whatever is necessary to stop this feedlot from being built. Is there an EPA issue here also? As you can tell, we are not in favor of this. If we can vote, it is No and No. • 1 Don Cadwallader From: Subject: Donald Cadwallader [dcadwallader@eatonco.org] Thursday, January 15, 2009 7:14 PM dcadwallader@eatonco.org Data posted to form 1 of http://www.eatonco.org/Contact Form.htm +****************************************************************************** Name: Address: City: State: T3: Phone: Cell_Phone: Email: Do_You_Want_A_Response: Response: EMail Response: Mail Response: Phone_ Response: B1: Remote Name: Remote User: Date: Time: adam terry 465 cedar ave eaton co 80615 970-412-6243 gh5terrys@hotmail.com Yes Yes Submit 64.17.77.31 09-01-15 07:13 PM 51: I strongly disagree with the proposed cattle feedlot 1 mile north and 1/2 mile west of eaton. That area is dircetly up wind and would be detrimental to the quality of life for •e and my neighbors. The idea of creating jobs and a way of living I support, but the ocation is in the wrong spot. Thank You Adam Terry • 1 Don Cadwallader From: tnt: o: Subject: Donald Cadwallader [dcadwallader@eatonco.org] Thursday, January 15, 2009 4:21 PM dcadwaliader@eatonco.org Data posted to form 1 of http://www.eatonco.org/Contact Form.htm Name: Doug and Dorothy Benton Address: 223 Settlers Drive City: Eaton State: CO T3: 80615 Phone: (970)454-3545 Cell Phone: Email: dbenton@lamar.colostate.edu Do_ YouWant_ A_ Response: Yes Response: No EMail Response: Yes Mail_Response: Phone Response: Bl: — Submit Remote Name: 75.171.143.41 Remote User: Date: 09-01-15 Time: 04:20 PM Sl: re: the proposed feedlot north and west of town. We, along with many of our neighbors, are natives of this area and value agriculture as IFart of our economic base. As a youth, I lived in a house where a feeder put up a feedlot ight next door to our residence --it is not a pretty situation! Hopefully, times have changed to the point that there is better zoning than to subject LARGE numbers of people (the population of Eaton!) to these noxious conditions. There is PLENTY of land even more suitable to feedlots than that proposed (or alternatively, there are existing feedlots that can be acquired/even leased at a cost much lower than what this proposal would cost). Anyway you look at it, this feedlot would be a NEW addition and should be opposed. It would not be a sound economic endeavor for the community, the owners or the county, in part because of lost opportunity costs --there are much better alternatives that could result in win -win situations for all parties. • 1. Don Cadwallader From: •nt: o: Subject: Donald Cadwallader [dcadwallader@eatonco.org] Thursday, January 15, 2009 4:53 PM dcadwallader@eatonco.org Data posted to form 1 of http://www.eatonco.org/Contact Form.htm ****************************************************************************** Name: John Beck Address: !325Swainson Rd. City: Eaton State: Co. T3: 80615 Phone: 454-1039 Cell_Phone: Email: EROscar676@netscape.com Do_You_Want_A_Response: Yes Response: EMail_Response: Yes Mail Response: Phone Response: B1: — Submit Remote Name: 172.190.139.111 Remote User: Date: 09-01-15 Time: 04:52 PM Si: In regards to the proposed 9000 head of cattle feed lot 1 mile north and west of Eaton, we do not need this. There already is a 9000 head or so dairy 1 mile north of Eaton. If you 1111 ant to ruin Eaton this will do it. Please vote no on this proposal. Surely there is a ore suitable area for this. Thank you. John Beck • 1 Don Cadwallader From: nt: It: Subject: Donald Cadwallader [dcadwailader@eatonco.org) Thursday, January 15, 2009 5:41 PM dcadwallader@eatonco.org Data posted to form 1 of http://www.eatonco.org/Contact Form.htm Name: Jim and Sarah Lee Address: 28 Pioneer Place City: Eaton State: CO T3: 80615 Phone: (970) 454-2388 Cell Phone: Email: pack_o_lees@msn.com Do You WantA_Response: Yes Response: EMail Response: Yes Mail Response: Phone Response: Bl: — Submit Remote Name: 75.166.214.39 Remote User: Date: 09-01-15 Time: 05:41 PM Si: City Councel Members, e just heard about the proposed cattle feedlot NW of Eaton. And 9,000 head of cattle?! ENLEASE NO FEED LOT'I'''' '' Don't we all think it smells bad enough with the ones currently around? They not only smell bad but breed flies (again, bad enough already). Isn't it a nice thought that the flies that land on our potatoe salad may have come from some manure just before that. Loveley. It will drag all our property values down further still. Do we want more peolpe to move here and pay taxes, help the local merchants etc.? Then vote NO on this feed lot. We can see one feed lot from our back door already. We are adimately AGAINST a new feed lot anywhere near here. I hear the smell of manure is the "smell of money". Well, not our money. It is not right for one to make a bunch of money at the detriment of most of the rest of the town. Thanks for listening. Please let us know how this goes. • 1 Don Cadwallader From: Allisen Brisben [abrisben@hotmail.com] Sent: Thursday, January 15, 2009 6:30 PM To: dcadwallader@eatonco.org Subject: feedlot Hi, I'm writing to voice my concerns about the proposed feedlot. This is a terrible idea. Is it really necessary to put 9,000 head of cattle in one confined space?? I live is the Hawkstone Subdivision, which put in close proximity to the feedlot. I would definitely make arrangements to attempt to sell my home prior to the feedlot being put in. I have have health problems (allergies) that would be increased due to this proposal, making my home here in Eaton a detriment to my person health. If there is a petition to collect signature to help stop this proposal, my husband and I would gladly put our name on it. Please let us know, thanks. Allisen and Scott Cole 665 Red Tail Drive Eaton, CO 80615 1/16/2009 Don Cadwallader From: .ent: o: Subject: Name: Address: City: State: co T3: 80615 Phone: 454-2343 Cell Phone: Email: Do You Want_ A_ Response: Yes Response: EMail_Response: Mail Response: Phone_Response: Yes B1: Submit Remote Name: 75.166.155.18 Remote User: Date: 09-01-15 Time: 06:55 PM Donald Cadwallader [dcadwallader@eatonco.org] Thursday, January 15, 2009 6:56 PM dcadwallader@eatonco.org Data posted to form 1 of http://www.eatonco.org/Contact Form.htm Sl: NO FEEDLOT THIS CLOSE • • Lee Parrish 313 Buckeye ave eaton TO OUR WONDERFUL TOWN.WE DONT NEED THE SMELL. Don Cadwallader From: •nt: o: Subject: Donald Cadwallader Edcadwallader@eatonco.org] Thursday, January 15, 2009 6:38 PM dcadwallader@eatonco.org Data posted to form 1 of http://www.eatonco.org/Contact Form.htm Name: Address: City: Eaton State: Co T3: 80615 Phone: Cell Phone: Email: Do_You_Want_A__Response: Yes Response: No EMail Response: Mail Response: Phone_ Response: B1: Submit Remote Name: 71.218.27.125 Remote User: Date: 09-01-15 Time: 06:37 PM Si: Weld County is zoned right to farm. I do not understand why people move into a rural area and do not expect farm to be practiced. I am not against the proposed livestock •peration. I have lived in the Weld County since 1983 and am proud of the farmers who upport our economy. If these people do not put this small cattle operation here, than where? Its always not in my back yard. As a former mayor of a small town not to far from here, I have seen this too many times. Its OK to build homes, but not farm. Economically the city would benefit from purchases made locally by the feed operation. I am sure that ,,,G Land would sell fuel. I also believe, that people who work at the operation will eat in restaurants in our community. Who knows, maybe one of the employees may buy a motorcycle from our local dealership. In today's economic climate can we really turn any business away? • 1 Don Cadwallader From: Pent: o: Subject: Donald Cadwallader [dcadwallader@eatonco.org] Thursday, January 15, 2009 6:53 PM dcadwallader@eatonco.org Data posted to form 1 of http://www.eatonco.org/Contact Form.htm ****************************************************************************** Name: Jenny Teter Address: 313 Buckeye ave City: eaton State: co T3: 80615 Phone: 454-2343 Cell Phone: Email: Do_You_Want_A_Response: Yes Response: EMail_Response: Mail_Response: Phone_Response: Yes B1: Submit Remote Name: 75.166.155.18 Remote User: Date: 09-01-15 Time: 06:52 PM Si: NO I dont think we should have a feed lot that close too town.Ifeel it would smell up the town,lower our property values and keep people from moving out too our wonderful town.It dill give Eaton a bad reputation of smelling just like Greeley has had that smelly eputation for years. • 1 Don Cadwallader From: AlkSent lerro: Subject: Donald Cadwallader fdcadwallader@eatonco.org] Thursday, January 15, 2009 2:35 PM dcadwallader@eatonco.org Data posted to form 1 of http://www.eatonco.org/Contact Form.htm ******************************************************************************* Name: Address: City: State: T3: Phone: Cell Phone: Email: Do_You_Want_A_Response: Response: EMail Response: Mail Response: Phone_ Response: B1: Remote Remote Date: Time: Si: Name: User: tho_kru@msn.com Yes No Submit 67.41.143.16 09-01-15 02:34 PM RE: LIVESTOCK CONFINEMENT OPERATION •OUNCIL POSITION: THE COUNCIL SHOULD STRONGLY OPPOSE ALLOWING THIS OPERATION TO BE SO CLOSE TO THE CITY OF EATON. EATON IS SLOWLY TRYING TO BE PART OF THE OPERATION THIS CLOSE TO THE "CITY" WOULD The value of homes are already at a low. the Fair Market of Homes down even lower chance to build and then have other 20th community. SAY NO! NOW, OR PAY DEARLY LATER. • TWENTY-FIRST CENTURY. A LIVESTOCK CONFINEMENT SET THIS TOWN BACK INTO THE 20TH CENTURY. The arrival of this cattle operation would drive due to the resistence of new owners to take a Century activity be allowed in or near the 1 Don Cadwallader From: Sent: o: Subject: Name: Address: City: State: T3: Phone: Cell_Phone: Email: Do You Want_ A_ Response: Yes Response: EMail Response: Yes Mail Response: Phone_Response: Bl: Remote Name: Remote User: Date: Time: Donald Cadwallader ]dcadwallader©eatonco.org] Thursday, January 15, 2009 2:25 PM dcadwallader@eatonco.org Data posted to form 1 of http://www.eatonco.org/Contact Form.htm Larry & Lucille Miller 462 South Elm Ave Eaton Co. 80615-8221 970-454-2741 381-2069 L40MILLER@AOL.COM Si: Submit 75.166.125.218 09-01-15 02:25 PM We would like to say ;we are NOT in favor of the propsed livestock confinement operation,(9000 head of cattle). .t is our hope that our city council would vote NO concerning the feedlot proposal. We thank you. Larry & Lucille Miller • 1 Page 1 of 1 Gary Carsten From: STAN JUDY A HORN [sjhorncol@msn.com] Sent: Thursday, January 15, 2009 1:38 PM To: gcarsten@eatonco.org Subject: Proposed feed lot Dear Sir, What has Eaton done to deserve this? Last year it was a dairy, (which I hear has gone bankrupt), and this year it is a feedlot in our backyard. Who came up with this idea? Eaton is a great little town with room for expansion, a clean town, so why would anyone want to put a feedlot so close with the ensuing smells, flies, traffic, etc. Makes no sense at all. If we wanted to smell like Greeley we would have moved there. We cannot believe that this is even being considered. Please do everything in your power to block this ridiculous proposal, and if we can do anything to help, let us know. Sincerely, Stan and Judy Horn 1360 Swainson Rd. Eaton 1/15/2009 Page 1 of 1 Chris Bagley From: Mark Beninga [beninga4@msn.com] Sent: Thursday, January 15, 2009 1:59 PM To: cbagley@eatonco.org Subject: Response to Town Meeting flyer We are against the livestock operation being proposed - there are plenty of available locations more suitable. FYI - going west on Colorado Parkway there is a white minivan parked there that has been there almost a month. Thanks Mark & Linda Beninga 354 Redwood Ave. Eaton 1/15/2009 January 15, 2009 • • • Kimberlee Schuett 445 Cedar Avenue Eaton, CO 80615 Town Council Town of Eaton RE: Feedlot Expansion Dear Town Council, I am definitely in support of the proposed feedlot expansion. Weld County is a "Right to Farm" county! The feedlot has been at the current location for several years and it is an expansion of an existing use, NOT a new feedlot. The feedlot has been in existence prior to the Towns encroachment into the farming community . If you are concerned about Agricultural smells or issues - DON'T move to a rural area! I don't believe the Town needs to expand with more subdivisions to burden our services such as fire, police, schools and roads with non-contiguous development. In addition, I know for a fact that the Weld County Health Department regulates all feedlots and strict regulations are enforced. Contact the Health Department for specific data and information on existing feedlots operating today. These are public records. Furthermore, if we don't support our Ag neighbors and continually whine and complain about their services - we will eventually feel the hunger, because they will be forced to sell out. If we continue to hammer away at their very existence, who will feed our children, grand children and generations to come? This is not the time to take a "not in my backyard" attitude. We are their backyard. They were here first.... The Town of Eaton was founded on Agricultural beliefs and dreams. Whatever happened to our BEEF, BEANS, AND BEETS legacy? Let's be good neighbors! Thank You, Kimberlee Schuett Eaton Resident for 26 years Don Cadwallader From: Sent: o: Subject: Donald Cadwallader [dcadwallader@eatonco.org[ Thursday, January 15, 2009 9:09 AM dcadwa l lader©eatonco. o rg Data posted to form 1 of http://www.eatonco.org/Contact Form.htm Name: Kenny Stumpf Address: 1410 Colorado Parkway City: Eaton State: CO T3: 80615 Phone: 970-454-3140 Cell Phone: Email: kstumpf@farmersbank-weld.com Do_ You_ Want_A_Response: Yes Response: No EMail_Response: Mail_Response: Phone_Response: Bl: Submit Remote Name: 71.211.206.11 Remote User: Date: 09-01-15 Time: 09:09 AM Si: I am in favor of allowing the expansion of the feedlot. It is already a feedlot that has not bothered anyone in the past! Agriculture is the life blood of Weld County and the fitowns in it. The smells of rural Weld County are the smells of money. We live in an gricultural area and always will. If you don't like it, move to New York!!! Kenny Stumpf • 1 Don Cadwallader From: Went: o: Subject: Donald Cadwallader [dcadwallader©eatonco.org] Thursday, January 15, 2009 8:37 AM dcadwallader©eatonco.org Data posted to form 1 of http://www.eatonco.org/Contact Form.htm Name: Kim Aguirre Address: 222 Settlers Dr City: Eaton State: CO T3: 80615 Phone: Cell Phone: Email: tkbct@aol.com Do_You_Want_A_Response: Yes Response: EMail_Response: Yes Mail Response: Phone_Response: B1: Submit Remote Name: 168.103.206.77 Remote User: Date: 09-01-15 Time: 08:36 AM 51: I believe that we should allow the feedlot to come in. It will help the boost Eaton. Any ordors that the lot WILL NOT be anymore of a problem then the corn husks that hoover elround all the houses and yards. The elderly or ill do not have to try to clean anyting p from the feedlot like they do will the cornhusks. • 1 Don Cadwallader From: Sent: o: Subject: Donald Cadwallader [dcadwallader@eatonco.org] Thursday, January 15, 2009 1:49 AM dcadwallader@eatonco.org Data posted to form 1 of http://eatonco.org/Contact Form.htm ******************************************************************************* Name: Address: City: State: T3: Phone: Cell_Phone: Email: Do You Want_A_Response: Response: EMail_Response: Mail Response: Phone_Response: B1: Remote Name: Remote User: Date: Time: Si: Anderson 225 Ridge Rd Eaton Co 80615 Yes Yes Submit 204.133.123.36 09-01-15 01:49 AM We support the town in opposing the Rusco/Greeley Producers feedlot expansion. It will ruin our home values and businesses will also be devastated by this smelly operation next •o the town. It will create a terrible smell 24 hours a day along with dust and flies, no atter what Mr. Haren told the town board last week. Feedlots just smell no matter what and we certainly don't need it within a mile of the town. 10000 head will be a disaster. The roads will be torn up by all the truck traffic. Eaton will be a big loser if this expansion is approved. Also the next time Gustafson, Walker and Heaton come up for re- election, be sure to vote for someone else as they don't seem to care much about Eaton's future. Please oppose the expansion as hard as you possibly can. • 1 Don Cadwallader From: Went: o: Subject: Donald Cadwallader [dcadwallader©eatonco.org] Wednesday, January 14, 2009 9:52 PM dcadwallader@eatonco.org Data posted to form 1 of http://www.eatonco.org/Contact Form.htm ******************************************************************************* Name: Address: City: State: T3: Phone: Cell_Phone: Email: Do_ You_ Want_ A_ Response Response: EMail Response: Mail Response: Phone_Response: B1: Remote Name: Remote User: Date: Time: Si: Kurt A. Hartshorn 820 Ponderosa CT Eaton CO 80615 970-539-6113 970-539-6113 kurthartshorn@msn.com : Yes Yes Submit 209.169.196.123 09-01-14 09:52 PM I would like to comment on the proposed feedlot North of town. We are an agricultural community, why are we upposing agricuture? Has anyone read what is said on the website? � " and is surrounded by some of the most productive farmland found anywhere. The history nd the future of this community is, indeed, "Written in Water"*." Is farmland not also for cattle? We like to eat beef, but would we like o be a NIMBY community? Agriculture made us, is us, and will always be us. Our community will disappear without it. Thank you, Kurt A. Hartshorn RGK Custom Flooring, LLC. Eaton, CO 970-539-6113 • 1 Don Cadwallader From: Went: o: Subject: Donald Cadwallader [dcadwallader@eatonco.org] Wednesday, January 14, 2009 9:17 PM dcadwallader@eatonco.org Data posted to form 1 of http://www.eatonco.org/Contact Form.htm Name: Address: City: State: T3: Phone: Cell Phone: Email: Do YouWant_ A_ Response Response: EMail_Response: Mail Response: Phone_Response: B1: Remote Name: Remote User: Date: Time: Si: Charles & Jill Johnson 1552 Carriage Drive Eaton CO 80615 454-2562 690-8386 chuckfc@gmail.com : Yes Yes Submit 63.224.93.108 09-01-14 09:16 PM This coment is directed to the city council expressly concerning their planed Town Meeting on 15 Jan 09. My wife and I moved here last year from Fort Collins. We love this town and •ant to stay here till we assume room temperature. I have worked in the city of Greeley or over 11 years now and can't stand the "Greeley Smell!" That's why we would never move there. Having a feedlot north-east of Eaton will turn us into another GREELEY. The prevailing winds are normaly from that direction to the south-east. That means the feedlot smell will be throughout this town! We do not think that the city council should approve such a development. It will certainly devalue everyones property. If a feedlot is wanted, then make it to the south-east of town. Come on and show some common sense here! Sincerely, Charles W Johnson, DDS Jill Johnson • 1 Don Cadwallader From: Sent: •To: Subject: Donald Cadwallader [dcadwallader@eatonco.org] Wednesday, January 14, 2009 4:49 PM dcadwallader@eatonco.org Data posted to form 1 of http://www.eatonco.org/Contact Form.htm ******************************************************************************* Name: Address: City: State: T3: Phone: Cell_Phone: Email: Do You Want_ A_ Response Response: EMail Response: Mail Response: Phone_Response: B1: Remote Name: Remote User: Date: Time: Si: Jeff Urwiller 1330 3rd St Eaton Colorado 80615 454-3411 pjefc@me.com : Yes Yes Submit 204.133.123.24 09-01-14 04:49 PM As per the proposed cattle feedlot.... Does the town of Eaton have a 5-10 year plan? Does this proposal fit with the existing long-term goals for the town of Eaton? Finally, hat steps are we taking to ensure our water is truly protected? III If all these questionscan be answered satisfactorily, then let them build. Thank you for listening, Jeff • • • • From: Mike Schelm 660 Maple Ave. Eaton, CO 80615 To: Eaton Mayor, Mayor Pro Tem, and Trustees January 12, 2009 Subject: Existing Odor Problems & Proposed Rusco Feedlot Expansion To Whom It May Concern: It has recently come to my attention that Rusco Land And Cattle, LLC has submitted a proposal to Weld County to expand their existing feedlot located just northwest of Eaton from 4,000 head of cattle to 9,000 head. The intent of this letter is to express my strong opposition to this expansion, and to request that the Town of Eaton take action to address the existing odor problems which I suspect are being caused by the feedlot in its current mode of operation. I have lived on the north side of Eaton since 2002. Within the last year or so, I have grown disgusted with smelling the local feedlot. The odor problems this past summer and fall were especially bad. In summers past, I have opened the windows in the evening to cool the house off and let fresh air in. This past summer, I attempted to do that and was repeatedly awakened from sleep by the stench of the feedlot coming in through the windows. Even with the windows closed, the odor was still noticeable. I had out-of-town visitors complain about the smell on multiple occasions. I was unable to relax in a lawn chair outside because of the odor. The feedlot odor problems this summer and fall took away the enjoyment of my own property. I'm sure that if these odor problems are allowed to persist, the value of my property will be negatively impacted. I respectfully request that the Town of Eaton take whatever actions are necessary to address the existing odor nuisance and enable myself and other north Eaton residents to regain the enjoyment of our homes. I also request that the Town of Eaton vehemently oppose any expansion of the existing Rusco Feedlot. Common sense dictates that if 4,000 head of cattle are stinking up the north side of town already, then 5,000 more cattle will only make matters much worse. Thanks for your time, Mike Schelm p MEMORANDUM J•R ENGINEERING A Westrian Company • To: Forrest Leaf From: Susan Taylor, John Agee, Anna Sparks, and Jared Torstenson Date: 2-2-09 Subject: Rusco Land and Cattle, LLC The following is a summary of the comments, concerns and requirements of the various parties involved in the proposed expansion of the Rusco Land and Cattle, LLC feedlot near Eaton, Colorado. • • From the Administrative Review of the Special Review Permit: o The Town of Eaton, in their referral response dated November 4, 2008, indicated that the proposed feedlot expansion is immediately to the northwest of the comprehensive plan area for the Town of Eaton. This area is designated as "suburban residential" per the Town of Eaton comprehensive plan and that the proposed feedlot expansion will be very near to future residential areas when growth takes place in this area. The Town is also concerned that prevailing winds will create severe odor problems for residents of Eaton. o The Department of Planning Services' staff recommendation for approval is "conditional upon the following": • The applicant shall demonstrate that proposed open lot wastewater impoundments will meet the setbacks to water wells and groundwater for new and expanded impoundments required by Colorado Water Quality Control Commission. Evidence of such shall be provided to the Departments of Public Health and Environment and Planning Services. • The applicant shall supply a summary/documentation of where manure from the feedlot will be stored (on -site or offsite) as no manure storage area is indicated on the plat. ■ The applicant shall submit evidence to the Department of Planning Services that the Weld County Department of Public Health and Environment has approved a Management Plan for Nuisance Control for the facility, which includes the installation and operation of a water sprinkler system for pen dust control and evidence of an approved water source for the sprinkler system. • The applicant shall provide clarification on whether or not the existing well (permit no. 14534) shall be utilized in association with the feedlot. If the existing well is to be 72W South Alton Way, Suite( I(X) Centennial, CO 80112 303-740-9393 • Fax: 303-721-9019 2620 Fast Poxspeet Rcetl. Suite 19(1 Fort Collins, CO 80525 97(1-491-9888 • Fax: 970491-9984 4310 MOWSWest Drive Colorado Springs, CO 809X)7 719-593-2593 • Fax: 719-5286613 12195 Mariposa Street, Suite I (X) Westminster. CO 80234 720-872-9850 • Fax: 720-872-9853 RGC)ir- Oi;'/'i utilized, then evidence of an approved water augmentation plan for the existing well shall be submitted to the Department of Planning Services. • • • _ • From the Site Specific Development Plan: o Any land applications of manure and wastewater shall be made at agronomic rates using practices and procedures, which are protective of ground and surfaced waters. Land applications shall be in accordance with the facilities Manure and Wastewater Management Plan, Facility Management Plan, or Nutrient Management Plan. There shall be no discharge from land application areas except for agricultural stormwater. o The facility shall control fugitive dust on this site and install and operate (as necessary) a water sprinkler system to control dust from pens. • From CAFO Fact Sheet: o CAFOs must provide certification of proper facility design with their permit applications, consisting of an engineer's certification that the following conditions exist at the operation: • The volume of process wastewater runoff generated for each impoundment was calculated as required in 61.17(5)(d)(ix)(A). • Drawings of each impoundment have been prepared as required under 61.17(5)(d)(ix)(B). • A properly designed and constructed spillway is in place at each discharging impoundment, unless the department has determined that a spillway is not required pursuant to 61.17(8)(b)(ii). • Accurate, permanent depth markers are in place as required under 61.17(5)(d)(ix)(D). • Two feet of freeboard, or other freeboard level approved by the department, exists in each open surface impoundment and terminal tank, as required under 61.17(5)(d)(ix)(E). • Structures used to divert stormwater from running onto production areas, manure stockpiles, and composting areas are sized as required under 61.17(5)(d)(ix)(F). • Structures used to divert process wastewater from the production areas are sized as required under 61.17(5)(d)(ix)(G). • All impoundments, tanks, manure stockpiles, or composting areas located within a 100 - year floodplain are protected from inundation and damage from 100 -year or smaller flood events. • From Nutrient Management Plan: o The "Management Plan for Nuisance Control" is not specific, i.e. under "Regular Manure Removal" it states "Producers will continue to conduct regular manure removal. Manure removal and pen maintenance will be conducted as needed." How often is "regular" or "as needed?" • Additional missing information discussed in today's huddle: Q ❑ ❑ ❑ 7200 South Alton Way, Suite C I (0 Cenennial, CO 80112 303-740-9393 • Fax3iO3-721-9019 2620 East Prospect Road. Suite 1'x) Fort Collins, CO 80525 970491-9888 • Fax: 9704919984 4310 AnrnvsWest Drive Colorado Springs, CO 80907 719-593-2593 • Fax: 719-528-66I 3 12195 Mariposa Suee5 Suite 100 Westminster, CO 80234 720-872-9850• Fax: 720-872-9853 o Applicant should provide calculations regarding increased water demand, as well as specifying source water to meet the demand. Exactly how much water will be supplied by the well? o Groundwater data o Site map with topographic information o Specific / conceptual site plan o Engineer's statement verifying that the site lies outside the flood plain o Soil samples and specific loading plan o Pond Capacity • Total Capacity Required to Hold all Wastes Accumulated During the Storage Period = 2.96 acre-feet • Total Capacity Required to Contain Storm Event Runoff and Direct Precipitation = 8.76 acre-feet • Total Capacity Required = 11.72 acre-feet • Total Capacity Available for Proposed Lagoon (as listed on page 1 on Nutrient Management Plan) = 11.49 • Lagoon is undersized. o Site area insufficient for "Land Application Requirements for Average Years' Stormwater & Process Water." • Total site area =±112 acres. • Area required for effluent applied via flood irrigation = 103 acres • Area of feedlots = 42 acres • 112 — 42 = 70 acres 72(10 South Alton Way, Suite C100 Centennial, 0040112 303-740-9393 • Fax:303-721-9019 2620 East Prospect (toad, Suite 190 Fort Collins, CO 80525 970491-9888 • Fax: 970491-7984 4310 AnnwsWest Drive Colorado Springs, CO 80907 719-593-2593 • Fax: 7199-528-6613 12195 Mariposa Street, Suite 100 Westminster, CO 80234 720-872-9850• Fax 720-872-9853 • • LIST OF MINERAL OWNERS AND MINERAL LESSEES (Rusco) Subject Property: Township 7 North, Range 66 West, 6th P.M., Weld County, CO Sec. 26: A portion of Section 26 described as follows: Beginning at the Northeast corner of Section 26, and assuming that the East line of said section is a true North and South line, thence South along the East line of said section, 2647 feet; thence South 88°55' West 545 feet; thence North 36°20' West 124 feet; thence North 47°11' West 88 feet; thence North 59°30' West 347 feet; thence North 66040' West 344 feet; thence North 56°56' West 175 feet; thence North 40°49' West 200 feet, thence North 39045' West 100 feet, thence North 42'16' West 200 feet, thence North 38044' West 300 feet, thence North 36°00' West 100 feet, thence North 41°30' West 200 feet, thence North 40°00' West 128 feet, thence North 33°00' West 151 feet, thence North 70°43' West 264 feet to the North and South Quarter Section Line through said Section 26, thence North along said Quarter Section Line 825 feet to the North line of said Section 26, thence East along the North line of said Section 26, 2651 feet to the point of beginning. Crews & Zeren, LLC, a mineral title company, states that to the best of its knowledge the following is a true and accurate list of the names and addresses of the mineral owners and mineral leasehold owners having an interest in the Subject Property, based upon the real property records of Weld County, Colorado, as verified through December 29, 2008. A photocopy or facsimile of this list shall, for all purposes, be as valid as the original hereof. Dated this 9th day of January, 2009. Mineral Owners Cervi Enterprises, Inc. P. O. Box 1930 Greeley, CO 80632 Rusco Land & Cattle, LLC 37905 WCR35 Eaton, CO 80615 Crews & Zeren, LLC By: William G. Crews, CPL Certified Professional Landman #3477 Kip Michael Kaveny 3588 S. Richfield St. Aurora, CO 80013 Judy Janelle Kaveny 2230 Shropshire Ave. Ft. Collins, CO 80526 EXHIBIT % Crews d' Zeren, LW Oil and Gas ?tle Services P.O. Bot336337 Greeley, CO 80633-0606 Page 1 of 3 (970) 351-0733 `fax (303) 484-2110 • • • Patrick L. Kaveny 8791 W. Cornell Ave., Unit #1 Lakewood, CO 80227 Mineral Leasehold Owners: (None) Crews efZeren, LLC oil and Gas gide Services P.O. Box 336337 Greeley, CO 80633-0606 Page 2 of 3 (970) 351-0733 Fax (303) 484-2110 • • • By acceptance and use of this list, the client and its agents agree to all of the following: William G. Crews ("Crews") and Cynthia A. E. Zeren ("Zeren") are Certified Professional Landmen certified by the American Association of Petroleum Landmen who have been asked by Client or Client's agent to provide listings of mineral estate owners entitled to notice pursuant to §§ 24- 65.5-103 or 31-23-215, C.R.S., as provided under the Surface Development Notification Act, Colorado Revised Statutes §24-65.5-101 et seq. Such lists will be prepared by Crews or Zeren, although the Client's contract is with, and all payments are due to, Crews & Zeren, LLC ("C&Z"), a Colorado limited liability company of which Crews and Zeren are the only members. Neither Crews nor Zeren is an attorney licensed to practice law. Crews and Zeren have agreed to prepare listings of mineral estate owners for the Client only if the Client agrees that the liability of Crews, Zeren and C&Z in connection with such services shall conclusively be limited to the amount paid by the Client to C&Z for such services. Crews, Zeren and C&Z make no warranty, express, implied or statutory, in connection with the accuracy, completeness or sufficiency of any such listing of mineral estate owners. In the event any such listing proves to be inaccurate, incomplete, insufficient or otherwise defective in any way whatsoever or for any reason whatsoever, the liability of Crews, Zeren and C&Z shall never exceed the actual amount paid by Client to C&Z for such listing. In order to induce Crews, Zeren and C&Z to provide such services, Client does hereby agree to indemnify and hold Crews, Zeren and C&Z harmless from and against all claims by all persons (including but not limited to Client) of whatever kind or character arising out of the preparation and use of each such listing of mineral estate owners, to the extent that such claims exceed the actual amount paid by Client to C&Z for such listing. Client specifically intends that both the foregoing limitation on liability and the foregoing indemnification shall be binding and effective without regard to the cause of the claim, inaccuracy or defect, including but not limited to, breach of representation, warranty or duty, any theory of tort or of breach of contract, or the fault or negligence of any party (including Crews, Zeren and C&Z) of any kind or character (regardless of whether the fault or negligence is sole, joint, concurrent, simple or gross). P.O. Box336337 Greeley, CO 80633-0606 Crews d'Zeren, LLC Oil and Gas 7tTe Services Page 3of3 (970) 351-0733 Fax (303) 484-2110 AGPRO COMPLETE LAND & RESOURCE SOLUTIONS List of Mineral Owners and Mineral Lessees (Producers Feedlot, Dalton, Section 26) Subject Property: Part of the East 1/2 of Section 26 Township 7N Range 66 West of the 6th P.M. Weld County, CO. AgProfessionals, LLC states that to the best of its knowledge the following is a true and accurate list of the names and addresses of the mineral owners and mineral leasehold owners having an interest in the Subject Property, based upon the real property records of Weld County, CO, as verified through January 9, 2009. AgProfessionals, LLC • Mineral Owners Cervi Enterprises, Inc. P.O. Box 1930 Greeley, CO 80632 Rusco Land and Cattle, LLC P.O. Box 816 Greeley, CO 80632 Mr. Kip Michael Kaveny 3588 S. Richfield Street Aurora. CO 80013 Mineral Leasehold Owners None Ms. Judy Janelle Kaveny 1145 Belleview Drive Ft. Collins, CO 80526 Mr. Patrick L. Kaveny 9550 W. 10th Avenue Lakewood, CO 80215-4704 ENGINEERING, SURVEYING, PLANNING & CONSULTING 4350 Highway 66 : Longmont, CO 80504 970.535.9318 / office - 303.485.7838 / metro 970.535.9854 / fax www.agpros.com ■■AGPRO • ■■ COMPLETE LAND & RESOURCE SOLUTIONS January 12, 2009 Mr. Mike Cervi Cervi Enterprises, Inc. P.O. Box 1930 Greeley, CO 80632 Dear Mr. Cervi: This letter is written to inform you that Rusco Land and Cattle, LLC (applicant/owner) is filing for a Use By Special Review permit with Weld County on the property described below. The Use By Special Review permit is for an expansion of an existing feeding operation consisting of a total of 9,000 head, with new pens, working areas, commodity area, feed mill, feed storage area and associated storm water retention ponds. The Planning Commission hearing is scheduled for February 3, 2009 at 1:30 p.m. The hearing will be held at the North Weld County building located at 918 101h Street, Greeley, Colorado. If you have any questions, please call AGPROfessionals, LLC at (970) 535-9318. We will be representing the owner throughout the application process. Legal Description: Part of the East 1/2 of Section 26 Township 7N Range 66 West of the 6th P.M. Weld County, CO. • The Property is located on the southeast corner of Weld County Road 78 and Weld County Road 35. Customary practice calls for a 30 day notification of mineral interests; however, in an interest to expedite the Use By Special Review application process for Mr. Russ, I request your approval to waive the 30 day notification by signing below. Please sign and return this letter in the enclosed, self-addressed envelope at your earliest convenience. I have also enclosed a letter for your file. Sincerely, � Tim Naylor L" Planner CC: Weld County Planning Services 1- (o -d1 Authorized Signature Date ENGINEERING, SURVEYING, PLANNING & CONSULTING 4350 Highway 66 Longmont, CO 80504 970.535.9318 / office . 303.485.7838 / metro 970.535.9854 / fax www.agpros.com AGPRGft¢ircalq ILC AGPRO ■■ COMPLETE LAND & RESOURCE SOLUTIONS January 12, 2009 Mr. Russ Moss Rusco Land and Cattle Company P.O. Box 816 Greeley, CO 80632 Dear Mr. Moss: • • This letter is written to inform you that Rusco Land and Cattle, LLC (applicant/owner) is filing for a Use By Special Review permit with Weld County on the property described below. The Use By Special Review permit is for an expansion of an existing feeding operation consisting of a total of 9,000 head, with new pens, working areas, commodity area, feed mill, feed storage area and associated storm water retention ponds. The Planning Commission hearing is scheduled for February 3, 2009 at 1:30 p.m. The hearing will be held at the north Weld County building located at 918 10'" Street, Greeley, Colorado. If you have any questions, please call AGPROfessionals, LLC at (970) 535-9318. We will be representing the owner through out the application process. Legal Description: Part of the East 1/2 of Section 26 Township 7N Range 66 West of the 6th P.M. Weld County, CO. The Property is located on the southeast corner of Weld County Road 78 and Weld County Road 35. Customary practice calls for a 30 day notification of mineral interests; however, in an interest to expedite the Use By Special Review application process for Mr. Russ, I request your approval to waive the 30 day notification by signing below. Please sign and return this letter in the enclosed self-addressed envelope at your earliest convenience. I have also enclosed a letter for your file. Sincerely, Tim Naylor Planner 7 - CC: d County Planning Services Authorized Signature Date ENGINEERING, SURVEYING, PLANNING & CONSULTING 4350 Highway 66 , Longmont, CO 80504 970.535.9318 / office 303.485.7838 / metro ::970.535.9854 / fax I www.agpros.com AGPROfessionals, LLC AGPRO COMPLETE LAND & RESOURCE SOLUTIONS JAN 2 9 2009 January 20, 2009 Mr. Kip Michael Kaveny 3588 S. Richfield Street Aurora, CO 80013 Dear Mr. Kaveny: This letter is written to inform you that Rusco Land and Cattle, LLC (applicant/owner) is filing for a Use By Special Review permit with Weld County on the property described below. The Use By Special Review permit is for an expansion of an existing feeding operation consisting of a total of 9,000 head, with new pens, working areas, commodity area, feed mill, feed storage area and associated storm water retention ponds. The Planning Commission hearing is scheduled for February 3, 2009 at 1:30 p.m. The hearing will be held at the north Weld County building located at 918 10th Street, Greeley, Colorado. If you have any questions, please call AGPROfessionals, LLC at (970) 535-9318. We will be representing the owner through out the application process. Legal Description: Part of the East 1/2 of Section 26 Township 7N Range 66 West of the 6th P.M. Weld County, CO. The Property is located on the southeast corner of Weld County Road 78 and Weld County Road 35. Customary practice calls for a 30 day notification of mineral interests; however, in an interest to expedite the Use By Special Review application process for Mr. Russ, I request your approval to waive the 30 day notification by signing below. Please sign and return this letter in the enclosed self- addressed envelope at your earliest convenience. I have also enclosed a letter for your file. Sincerely, Tim Naylor Planner CC: Weld County Planning Services O1-21-O°l Date ENGINEERING, PLANNING, CONSULTING & REAL ESTATE AGPROfessionals, LLC / LANDPROfessionals, LLC 4350 Highway 66 • Longmont, CO 80504 970.535.9318 /office • 303.485.7838 / metro ■970.535.9854 / fax • www.agpros.com AGPROSAN 2 310f19 111 COMPLETE LAND & RESOURCE SOLUTIONS January 19, 2009 Ms. Judy Janelle Kaveny 1145 Belleview Drive Ft. Collins, CO 80526 Dear Ms. Kaveny: This letter is written to inform you that Rusco Land and Cattle, LLC (applicant/owner) is filing for a Use By Special Review permit with Weld County on the property described below. The Use By Special Review permit is for an expansion of an existing feeding operation consisting of a total of 9,000 head, with new pens, working areas, commodity area, feed mill, feed storage area and associated storm water retention ponds. The Planning Commission hearing is scheduled for February 3, 2009 at 1:30 p.m. The hearing will be held at the north Weld County building located at 918 10''' Street, Greeley, Colorado. If you have any questions, please call AGPROfessionals, LLC at (970) 535-9318. We will be representing the owner through out the application process. Legal Description: Part of the East 1/2 of Section 26 Township 7N Range 66 West of the 6th P.M. Weld County, CO. • • The Property is located on the southeast corner of Weld County Road 78 and Weld County Road 35. Customary practice calls for a 30 day notification of mineral interests; however, in an interest to expedite the Use By Special Review application process for Mr. Moss, I request your approval to waive the 30 day notification by signing below. Please sign and return this letter in the enclosed self- addressed envelope at your earliest convenience. I have also enclosed a letter for your file. Sincerely, Tim Naylor Planner CC: Weld County Planning Services /o9 Dat ENGINEERING, PLANNING, CONSULTING & REAL ESTATE AGPROfessionals, LLC / LANDPROfessionals, LLC 4350 Highway 66 • Longmont, CO 80504 970.535.9318 /office • 303.485.7838 / metro ■970.535.9854 / fax r www.agpros.com AGPRO COMPLETE LAND & RESOURCE SOLUTIONS • • January 19, 2009 Mr. Patrick L. Kaveny 9550 W. 10th Avenue Lakewood, CO 80215-4704 Dear Mr. Kaveny: This letter is written to inform you that Rusco Land and Cattle, LLC (applicant/owner) is filing for a Use By Special Review permit with Weld County on the property described below. The Use By Special Review permit is for an expansion of an existing feeding operation consisting of a total of 9,000 head, with new pens, working areas, commodity area, feed mill, feed storage area and associated storm water retention ponds. The Planning Commission hearing is scheduled for February 3, 2009 at 1:30 p.m. The hearing will be held at the South Weld County building located at 918 10`h Street, Greeley, Colorado. If you have any questions, please call AGPROfessionals, LLC at (970) 535-9318. We will be representing the owner through out the application process. Legal Description: Part of the East 1/2 of Section 26 Township 7N Range 66 West of the 6th P.M. Weld County, CO. The Property is located on the southeast corner of Weld County Road 78 and Weld County Road 35. Customary practice calls for a 30 day notification of mineral interests; however, in an interest to expedite the Use By Special Review application process for Mr. Russ, I request your approval to waive the 30 day notification by signing below. Please sign and return this letter in the enclosed self- addressed envelope at your earliest convenience. I have also enclosed a letter for your file. Sincerely, Tim Naylo Planner CC: Weld County Planning Services thorized Sign Date ENGINEERING, PLANNING, CONSULTING & REAL ESTATE AGPROfessionals, LLC / LANDPROfessionals, LLC 4350 Highway 66 • Longmont, CO 80504 970.535.9318 /office • 303.485.7838 / metro • 970.535.9854 / fax • www.agpros.com J THEN OF °EATON COLORADO • • January 16, 2009 Weld County Planning Commissioners 918 10th Street Greeley, CO 80631 RE: USR-1675 (Ruscoe Land and Cattle) Dear Commissioners, 223 1ST STREET EATON, CO 80615 PHONE: (970) 454-3338 FAX: (970) 454-3339 The Town of Eaton received the referral regarding the proposed feedlot expansion on November 3, 2008. Since that time we have had the opportunity to discuss this project, hear a presentation from the applicant, and finally hear from many of our community members at three public meetings. By a 4 — 3 vote the Eaton Board of Trustees has decided to remain neutral on this project, however, we share several serious concerns about this proposal. First, while the feedlot is not within our existing comprehensive plan area, it lies directly across the road from an area designated as suburban residential. The Town is actively encouraging growth to the north and, as the enclosed map shows, the proposed feedlot expansion will be very near this area when this growth takes place. Second, the majority of comments we have received indicate that odor is the foremost concern. Because of the prevailing winds and the proximity of the feedlot to our existing Town, we have a concern about what these potential odors may do to the well being of our existing residents and the decision making of those who want to make Eaton their home in the future. Next, we received some comments from citizens with existing health problems and have a concern about the additional dust an expansion may release into the air. Finally, we have concerns about traffic. It appears the storage area for feed and the corrals are separated by the Town -Boyd Lateral Ditch. The feed trucks must pull on to WCR 35 each time they load and then again when they deliver to the corral. With the amount of traffic on WCR 35 from Ault to Greeley this is a potential hazard, especially with more equipment movements created by an expansion of the operation. EXHIBIT I lob lbrffiiliritiled 18,9 Much of our board's discussion and, indeed, the reason for such a close vote, dealt with the importance of agriculture to Eaton and to Weld County. Certainly none of us are against the right of farmers and ranchers to optimize their operations, however, all of us as public officials have to balance those rights against the best interest of the citizens of the cities and towns who are also Weld County residents. While we officially remain neutral on this matter we ask that you take our concerns into account as you consider this proposal. As always, we thank you for your consideration. Scott E. Moser Mayor Enclosures — Comprehensive plan map - Written comments received as of 1/16/09 GAC:cicv • Hello