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HomeMy WebLinkAbout20092071.tiffSITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW (USR) APPLICATION • • • FOR PLANNING DEPARTMENT USE DATE RECEIVED: RECEIPT # /AMOUNT # /$ CASE # ASSIGNED: APPLICATION RECEIVED BY PLANNER ASSIGNED: Parcel Number: 080301000056, 080301300091,080301300092 and 080301300089 Legal Description: Lot B of AMRE-499: Part of the N1/2 of Section 1, Township 6 North, Range 65 West; Lot B of RE - 3535: Part of the N1/2 of the SW1/4 of Section 1, Township 6 North, Range 65 West; Lot A of AM RE -3535: Part of the N1/2 of the SW1/4 of Section 1, Township 6 North, Range 65 West; Lot A of RE -3705: Part of the N1/2 of the SW1/4 of Section 1, Township 6 North, Range 65 West Flood Plain: None Zone District: A Total Acreage: 213 Acreage for USR: 213 Overlay District: None Geological Hazard: None FEE OWNER(S) OF THE PROPERTY: Name: John D. Johnson & Dorothy J. Johnson as Tenants in Common Phone: (970) 454-1043 Address: 23016 WCR 74 V5 City/State/Zip Code Eaton, CO 8088'1 APPLICANT: Johnson Dairy AUTHORIZED AGENT (See Below: Authorization must accompany applications signed by Authorized Agent) Name: Tim Naylor, AGPROfessionals, LLC Address: 4350 Highway 66, Longmont, CO 80504 Phone: (970) 535-9318 Email: tnaylor@agpros.com PROPOSED USE: Amend USR-1282 to include the addition of a new stormwater pond, commodity area and expansion of the compost area. 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. 2009-2071 MFROdf LANtPRO COMPLETE LAND AND RESOURCE SOLUTIONS October 2, 2006 To Whom it May Concern I have contracted with AGPROfessionals, LLC to process all work related to a Site Specific Development Plan and Use by Special Review application to be filed in Weld County. AGPROfessionals, LLC is authorized to represent John Johnson/JF Cattle throughout this process. Sincerely, ohn Johnson/JFi' attle 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 • • • • • BUSINESS EMERGENCY INFORMATION: Business Name: Johnson Dairy Address: 23016 WCR 74 Business Owner John Johnson Home Address: 34534 WCR 33 Phone: 970-454-1445 City, ST, Zip: Eaton, CO 80615 Phone: 970-454-1043 City, ST, Zip: Eaton, CO 80615 List three persons in the order to be called in the event of an emergency: NAME TITLE John Johnson Owner ADDRESS 34534 WCR 33 PHONE 970-381-0715 Phil Johnson 970-518-9484 Chico Manager 23016 WCR 74 970-381-7332 Business Hours: office hours 7:00 A.M. - 5:00 P.M. milking 24hrs a day Days: 7 days a week Type of Alarm : X None _Burglar _ Holdup _Fire _Silent Audible Name and address of Alarm Company: Location of Safe: MISCELLANEOUS INFORMATION: Number of entry/exit doors in this building: Location(s): Is alcohol stored in building? NO Location(s): Are drugs stored in building? NO Location(s): Are weapons stored in building? NO Location(s): The following programs are offered as a public service of the Weld County Sheriffs Office. Please indicate the programs of interest. Physical Security Check Crime Prevention Presentation UTILITY SHUT OFF LOCATIONS: Main Electrical: On the pole located at the Northwest Well House Gas Shut Off: At propane propane tanks Exterior Water Shutoff: At the Northwest Well House Interior Water Shutoff: TBD • • • • • 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 dairy facility. This proposal is to amend the existing special use permit to include: • Construction of a new pond and sediment basin in the SE corner of property. • Expand compost storage. • New commodity area. All changes are illustrated on the attached map. The existing Use by Special Review (AMUSR-1282) allows 11,240 head of cattle. The total number of head will not change. The facility will be operated under the best management practices as outlined in the Nuisance Management Plan and the Comprehensive Nutrient Management Plan. 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. A feedlot has existed at the site since approximately 1973. 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. Typically, feedlot and dairy operations contribute 2.7 times their gross revenue into the local economy. The proposed request is consistent with USR-1282 and AMUSR-1282 as well as 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 is permitted in the A (Agricultural) zone district as a Use -by -Special Review. Public health, safety and welfare are protected through adherence to applicable county, state and federal regulations and requirements. • • • 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 include farming, cattle grazing, and hay production. A large feedlot is in existence directly north of the subject property. Also, a Site Specific Development Plan and Use by Special Review for an automobile repair business exists directly east of subject property. 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? Approximately one hundred (100) employees, the owners and owners' family, sales representatives and supply delivery people. b. How many employees are proposed to be employed at this site? Approximately one hundred (100) employees working over 3 shifts. c. What are the hours of operation? • • The facility will continue to operate 24 hours per day as it does presently. 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? The proposal is to add a new pond to increase the effluent and storm water storage on site, expand the compost area, include the commodity area. Please refer to the site plan maps for existing and proposed structures. e. What type and how many animals, if any, will be on this site? The facility is currently permitted for 11,240 head of cattle. The facility will continue to operate within these numbers. 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 and semi -tractors and trailers, 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 anticipated upon full build -out of the site. Semi -Tractor picking up milk 15 per 24 hour period Semi -Tractor Commodity (feed/compost) Trucks 15/day from 7:00 A.M. to 5 P.M. Silage — daily during silage cutting season Rendering Truck — when needed Pickups and cars 70 per 24 hour period • • • • • g Who will provide fire protection to the site? Galeton Fire District h. What is the water source on the property? (Both domestic and irrigation). North Weld County Water District. What is the sewage disposal system on the property? (Existing and proposed). Existing septic system. j. 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. Feedstuffs, livestock bedding, manure, equipment, parts and supplies typical of farming activities, are 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. Landscape in the previous application has been completed. 7. Explain any proposed reclamation procedures when termination of the Use by Special Review activity occurs. Reclamation procedures include compliance with applicable regulations such as the Colorado Confined Animal Feeding Control 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 dairy/feedlot, 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 is handled by existing ponds but capacity will increase with additional pond and will be maintained and operated in accordance with the Colorado Confined Animal Feeding Control Regulations. Water from these ponds is used to irrigate farm ground. Specific details regarding storm water management are outlined in the Comprehensive Nutrient Management Plan. 9. Explain how long it will take to construct this site and when construction and landscaping is scheduled to begin. No new construction is planned except to complete the new storm water pond. 10. Explain where storage and/or stockpile of wastes will occur on this site. The manure produced at the facility is composted and land applied to crops after being removed from pen surfaces and used in pens as bedding or hauled off and provided to local farmers. Storm water and process wastewater will be stored in wastewater retention structures designed to meet State and Federal regulations. Storm water and wastewater will be periodically land applied at agronomic rates. Details of the manure management system are outlined in the Comprehensive Nutrient Management Plan. Debris and refuse • • S are collected and removed by BFI trash service. No hazardous material storage is proposed for this site. • AGPRO COMPLETE LAND 8c RESOURCE SOLUTIONS • March 25, 2009 Department of Public Health & Environment 1555 North 17th Avenue Greeley, CO 80631 Re: Johnson Dairy Job Number 2000-21 To Whom It May Concern: Attached is a revised NMP for Johnson Dairy showing the capability of the ponds to hold all of the process wastewater and the 25 year 24 hour storm event. The facility's wastewater system has the capacity of 106.30 acre feet. The four -month process wastewater storage is 13.36 acre feet. The projected runoff from four -winter month's precipitation is 2.23 acre feet. This leaves the facility with 90.48 acre feet of additional storage for the 25 year 24 hour storm event. Also provided is the land application requirements showing the acres needed to support the planned drawdown of storage wastewater. Keep in mind that fifty percent of the 25 year 24 hour storm event, and fifteen percent of the normal storm water, is coming from offsite run-on. This run-on is diluting the pond nitrogen content that requires applying more acre feet to satisfy the nitrogen requirements for the crop. Johnson Dairy currently has access to 300 acres of cropland for effluent application giving him options for crop rotation of corn and alfalfa, but remaining predominately alfalfa. Thank you, Mike McFarland Agronomy Manager mmcfarland a,agpros.com (303) 358-2807 /cell (970) 535-9318 ext. 106 /office ENGINEERING, SURVEYING, PLANNING & CONSULTING 4350 Highway 66 n Longmont, CO 80504 970.535.9318 / office 0 970.535.9854 / fax n www.agpros.com • Land Application Requirements for 25 -year, 24 -hour Storm Event • 25 -year, 24 -hour storm volume( 42.0 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, & In. 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 2.4 10.0 13,684,810 54,739 27,370 27,370 15,053 12,864 27,917 'Total -N = 4.0 lbs./1,000 gal *NH3-N = 2.0 lbs./1,000 gal Organic -N = 2.0 lbs./1,000 gal 45.0% sprinkler -Irrigation loss' 47% Equilibrium mineralization rate for organic -N' Alfalfa Corn Silage 7 299 30 119 93 235 Based on CSU Extension Bulletin #538 1.5 - 3.5 A.F./Acre Irrigation water assumed Land Application Requirements for Average Years' Stormwater & Process Water Maximum pumping requirement ( 53.6 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, ppm Expected Yield (grain, Bu/acre; silage or grass, tons/acre) N req. w/ listed O.M., soil N, & Ir. 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 and current wastewater results. 2.4 10.0 17,464,424 69,858 34,929 34,929 27,245 16,417 43,661 "Total -N = "NH3-N = "Organic -N = 4.0 lbs./1,000 gal 2.0 lbs./1,000 gal 2.0 lbs./1,000 gal 22.0% Flood -Irrigation loss' 47% Equilibrium mineralization rate for organic -N* Alfalfa Corn Silage 7 299 146 30 119 368 Based on CSU Extension Bulletin #538 1.5 - 3.5 A.F./Acre Irrigation water assumed • • • • RECTANGULAR WASTE STORAGE POND DESIGN COMPUTATIONS Cu 0 d y N c -g O N C • O 7_ 0 O b J O a AVERAGE ANNUAL MASS BALANCE FOR ESTIMATING MAXIMUM WORKING STORAGE REQUIREMENTS 0 O 0 z r a a- 2 N9 =oss F N 6 MONTHLY POND OUTFLOW o a §t c m' m w' MONTHLY POND INFLOW O - c 0 rig ari S a a L cc cc 0 J d C Z w 4' 4, C 0 cc as C' -') O O CO n c.i,r m cr rm N m 6ry mo 006 a6 C6 rn 8Im rn S8SS8SSISS88 6600,_ f' o 6- ao S m 88,8§iS§SR§1SS 0 gg 60 6000 old 000 0j00 o n 010—,a-080-00 Nim m m C a Qte r C e m m �$ mNcoe r aV a 0 a 0 oC1cgCC e0 a 8— S y m M <m -a m h S R N m r Y r O 0 m 8818,8 �.m mf m m om °g mmm g"8 m �m n c mm 8 8 v 0 66'66610060I66 0.0 §i° 5Eo o o ie O glm on m!N cal:- Cf`rn nlC (110 O 6 .(. at,- m a cv 888888OO.cO8' .89 S d d0 O'.,0 0.60 o oho ca 60000 7 M g', OI- nr in S .-10;0� o mma r0 O 2 O 0 S .e,olF1 6 0'0'6 8;8 6 8,8 6 0'0 OO 6 ,- 0 6 r 0 O S RIM o raj <6n a m mom N ' d16 d s ca olo n 0.000 m 0 0 So 0 6 6 8 ca 22828.5"2218 0 m 66660 T 0 58 212 3 zo 0 0 co 0 N 2 () c (7)° wa 0 D Om z N a w u a K O 00 0 w - H 0o occ 0 O z O ow y 0 Luta O¢ n to CC La O LL z 2 cN a 0 0 4, S 0 0 0 C a a 0 0 0 w N 0 m S 02 n S N S 6 0 0 p4 n a c 0 a F C a cO el H co313pon/xls jea 8/31/2001 Colorado Department of Public Health and Environment Nutrient Management Plan Form GENERAL INFORMATION: Name of Facility: _Johnson Dairy Facility Physical Location: _23016 WCR 74, Eaton, CO 80615 PRODUCTION AREA SECTION: A. STORAGE OF MANURE AND PROCESS WASTEWATER - 61.17(8)(c)(i) 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) Except during the designed storm event, manure and process wastewater stored in impoundments and tenninal tanks will be removed as necessary to maintain a minimum of two feet of freeboard, or Department -approved alternative freeboard. (B) Whenever the design capacity of impoundments and tanks is less than the volume required to store runoff from the 0 25 -Year, 24 - Hour Storm, X Chronic Storm or ❑ 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: 1. Impoundment/Tank/Drainage Basin II) 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) Pond 1 21.56 84.74 106.30 Pond 2* Pond 3 Pond 4** Pond 5 Pond 7 *Wastewater overflows into ponds 2, 3, and 4. **Process generated wastewater can be transferred to Pond 5. Chronic storm capacity will be maintained Manure Storage Information: 1. Manure Storage Area ID 2. Amount of Manure Produced (tons/year) 3. Total Amount of Non -pen Area Manure Storage Available (tons) Manure Storage (north) 264,618 116,131 Manure Storage (south) 105,328 Check here X if excess manure is transferred Check here ❑ if manure is stockpiled in pen RECORDKEEPING REQUIREMENT: to a third party. area. storm event;; manure and process wastewater stored In i:mpou ndments and terminal tanks is of two (2) feet of freeboard, except where the operator has requested and the Ag`Progrumlras approved capacity of impoundments and tanks is less than the volume required to store nrno.Wftu nthe desi• gned toga level that restores the required capacity once soils on a land application site have,dle Water holding I) Documentation that except during the designed removed as necessary to maintain a rninimum an alternative freeboard level. 2) Documentation that whenever the available storm event, the structures shall be dewatered 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, storm water, or process wastewater storage system that is not specifically designed to treat animal mortalities. Method of Animal Mortalities Handling Composting X Rendering E Burial . Other: (check all that are applicable): RECORDKEEPLNG REQUIREMENT: NMP for Johnson Dairy Page 1 of 7 I) 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 II 25 -Year, 24 -Hour Storm, X 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: = Berms = Channels X Natural Topography south, and east _north, X Other ditch to the west _borrow RECORDKEEPING REQUIREMENT: 1) 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 U.S. means, in part: a) All waters... susceptible to use in interstate or foreign commerce...; b) All 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: 1) 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. ' 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. '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. 1. Do waters of the U.S. flow throul h the .roduction area? ❑ Yes X No (adjacent) 2. Do the animals have access to waters of the United States? : 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: are housed in corrals _animals RECORDKEEPLVG REQUIREMENT: 1) Documentation that there is prevention of direct contact of confined animals with waters of the United States. 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 storage system unless specifically designed to treat such chemicals and other contaminants. Check all that are applicable: X Chemicals are used and empty containers are disposed of in accordance with manufacturer's guidelines (weed and fly spray) X Chemicals are not stored in a room with a floor drain that discharges outside X Where are chemicals stored: work room (weed and fly spray) _dairy X Storage is covered - Storage has secondary containment = Chemicals are stored in proper containers X Where are chemicals disposed: in wastewater ponds. Vendors pick up empties. _not I No chemicals are used at the facility - Other: RECORDKEEPING REQUIREMENT: I) Documentation that chemicals and other contaminants handled on -site are not disposed of in any manure, storm water, or process wastewater storage system unless specifically designed to treat such chemicals and other contaminants. NMP for Johnson Dairy Page 2 of 7 • • • 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): 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): 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. 1. 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 #1 & #3 Conservation Tillage Constructed Wetland Infiltration Field Grass Filter Terrace Tail Water Pit Process wastewater is not allowed to reach end of field #3 Other (describe): 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. RECORDREEP[NG REQUIREMENT: 1) Documentation that site -specific conservation practices have been identified and implemented to control =off 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 annually, the analyses must be kept on -site for 5 years.) X Annually (If analyses are conducted more frequently than annually, the analyses must be kept on -site for 5 years.) For nitrate - As often as necessary to meet the application rate calculation requirements: (indicate frequency) yearly 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 - Other CSUCE Publication (please cite): _ Adjacent State CE Publication (please cite): Testing Protocol Used: _ : CSUCE X Other— Olsen's Lab, MDA approved X USEPA Method ', Department -approved Method (requested in X "Methods of Soil Analysis, Part 3, Chemical Methods" I Department -approved Method (requested in NMP for Johnson Dairy Page 3 of 7 I I writing) I writing) H. NUTRIENT BUDGET 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 Silage X CSUCE Published Fertilizer Suggestions — Adjacent State CE -Published Fertilizer Suggestions CNMP Method that meets USDA-NRCS standards - CO NRCS NMP guidelines Department -approved Method Bulletin 568A 35 + [7.5 x yield goal (Ca.)] — [8 x ppm soil NO,-N(ave 2 ft)] — [0.85 x yield goal x %OM] — previous manure application credits— plow down legume credit Alfalfa X CSUCE Published Fertilizer Suggestions Adjacent State CE -Published Fertilizer Suggestions CNMP Method that meets USDA-NRCS standards I CO NRCS NMP guidelines Department -approved Method Soil publication # 0.565 [yield (Ibs/a) x (% protein/6.25) x (0.6 soil type adjustment)]/0.66 efficiency factor —(7.2 x ppm NO, -N(24 in)) —(30 x %OM) — previous manure application credit Sorghum Silage X CSUCE Published Fertilizer Suggestions I Adjacent State CE -Published Fertilizer Suggestions CNMP Method that meets USDA-NRCS standards . J CO NRCS NMP guidelines Department -approved Method Bulletin 568A [9 x yield goal 0./a)] — [8 x ppm soil NO3-N(ave 2 ft)] —[30 x %OM] — previous manure application credits — plow down legume credit Sudangrass H CSUCE Published Fertilizer Suggestions X Adjacent State CE -Published Fertilizer Suggestions H CNMP Method that meets USDA-NRCS standards '..J CO NRCS NMP guidelines J Department -approved Method KSU Bulletin MF-1036 [YG (tons/a DM) * 40 lbs N/ton - (7.2 x ppm NO3-N(24 in)) - (30 x %OM) — previous manure application credit - plow down legume credit Triticale Silage 1.1 CSUCE Published Fertilizer Suggestions X Adjacent State CE -Published Fertilizer Suggestions T. CNMP Method that meets USDA-NRCS standards L7 CO NRCS NMP guidelines i Department -approved Method KSU Bulletin MF-2227 [(yield goal (lbs/a DM)) * (0.04) * (1.0)] - (7.2 x ppm NO3- N(24 in)) —(30 x %OM) —previous manure application credit - plow down legume credit I ' CSUCE Published Fertilizer Suggestions Hi Adjacent State CE -Published Fertilizer Suggestions I CNMP Method that meets USDA-NRCS standards H CO NRCS NMP guidelines : Department -approved Method Describe how realistic yield goals will be determined: Average values for the soil type and area until 5 years of history are established. Then the invasion, or was under fertilized with nitrogen RECORDAEEPING REQUIREMENT: last 5 years + 5% unless year was affected by severe drought, pest of manure, process wastewater, and soil: 1) Documentation of the identification of protocols for appropriate sampling and testing NMP for Johnson Dairy Page 4 of 7 • • • 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? pivot 3) Is nutrient application equipment calibrated at least annually? X Yes II No RECORDREEPING REOUIREMENT: 1) Documentation: that protocols have been established for land application of manure or process wastewater in accordance with situ 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 not a phosphorus risk assessment must be completed for a 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 PI; 40 ppm Mehlich 3, or; 20 ppm Olsen (NaHCOi) YES • Can storm water runoff or irrigation tailwater reach a surface water body? (Continuous or intermittent stream, irrigation ditch, lake, or wetland, etc.) YES T Complete a Colorado Phosphorus Index Risk Assessment for this site. NO NO —► NO —11. 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 Johnson Dairy Page 5 of 7 • • • J. PHOSPHORUS AND NITROGEN TRANSPORT— 61.17(8)(c)(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 crop 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(8)(c)(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: (1) 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. (Ill) Alternative compliance practices to the 100 -foot setback with prior approval of the Department. Please describe: Compliance Practice Implemented l(1), (II) or (III) above': Land Application Site ID Where Practice is Implemented: Down -gradient Surface Waters I #1, #3 Open Tile Line Intake Structure Sinkholes Agricultural Wellheads Other Conduits to Surface Waters NMP for Johnson Dairy Page 6 of 7 M. CERTIFICATION STATEMENT I certify under penalty of law 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. lam 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 Johnson Dairy Page 7 of 7 Johnson Dairy • Management Plan For Nuisance Control For • • Johnson Dairy John Johnson 23016 CR 74 Eaton, CO 80651 Developed in accordance with Generally Accepted Agricultural Best Management Practices Prepared By AGPROfessionals, LLC 4350 Highway 66 Longmont, CO 80504 March 2009 • • Johnson Dairy AGPROfessionals, LLC • • • Introduction This supplemental Management Plan for Nuisance Control has been developed and implemented to identify methods that Johnson Dairy 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. Johnson Dairy will use these management and control practices, to their best and practical extent. Legal Owner, Contacts and Authorized Persons Correspondence and Contacts should be made to: Johnson Dairy C/O John Johnson 23016 WCR 74 Eaton, CO 80651 The individual(s) at this facility who is (are) responsible for developing the implementation, maintenance and revision of this supplemental plan are listed below. John D Johnson Owner (Name) (Title) Legal Description The confined animal feeding facility described in this NMP is located at: Lot B of AMRE-499: Part of the N1/2 of Section 1, Township 6 North, Range 65 West; Lot B of RE -3535: Part of the N1/2 of the SW1/4 of Section 1, Township 6 North, Range 65 West; Lot A of AMRE-3535: Part of the N1/2 of the SW1/4 of Section 1, Township 6 North, Range 65 West; Lot A of RE -3705: Part of the N1/2 of the SW1/4 of Section 1, Township 6 North, Range 65 West 2 • • Johnson Dairy AGPROfessionals, 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 Johnson Dairy 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 Johnson Dairy shall use to control dust are: 1. Pen density Moisture will be managed by varying stocking rates and pen densities. The animal's 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. 2. Regular manure removal Johnson Dairy will continue to conduct regular manure removal. Manure removal and pen maintenance will be conducted as needed. 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 • • Johnson Dairy AGPROfessionals, LLC • • • Johnson Dairy 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 Johnson Dairy. 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. Johnson Dairy 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, Johnson Dairy 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, Johnson Dairy 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 Johnson Dairy will use to manage insects and rodents are to first eliminate possible habitat and then reduce the available food supply. Johnson Dairy will control flies by: Pest Control Insects and Rodents 1. Regular manure removal Manure management removes both food sources and habitat 4 • • Johnson Dairy AGPROfessionals, 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. S. 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 Johnson Dairy 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, Johnson Dairy will initially increase the frequency of the housekeeping and management practices outlines previously. Iffurther action is necessary, Johnson Dairy will increase use of chemical controls and treatments, such as fly sprays and baits and Rodendicide for pest control. 5 Hello