HomeMy WebLinkAbout20090244Wilk
COLORADO
MEMORANDUM
TO: Chris Gathman, Planning Services DATE: October 27, 2008
FROM: David Snyder, E.I., Public Works
SUBJECT: USR-1675, Rusco Land & Cattle
WCR 35 is a major arterial road, which requires a 140 -foot right-of-way at full build out. There
is presently a 60 -foot right-of-way. This road is maintained by Weld County. Pursuant to the
definition of SETBACK in the Weld County Zoning (23-1-90), the required setback is measured
from the future right-of-way line.
There appears to be 30' of section line Right Of Way along the north side of the property for CR-
78.
Radiuses for the drive shall be 60 feet to accommodate large trucks.
The internal road(s) shall enter onto WCR 90, at a 90° angle, for a minimum of one vehicle
length to provide adequate sight distance in both directions.
Utilize the existing agricultural, oil and gas, and ditch roads that are necessary for your
agricultural operation.
Pursuant to Chapter 15, Articles I and II of the Weld County Code, if noxious weeds exist on the
property or become established as a result of the proposed development, the
applicant/landowner shall be responsible for controlling the noxious weeds.
The applicant is required to comply with all Colorado Department of Health and Environment,
Water Quality Control Division regulations regarding storm water quality permitting and
protection and construction storm water discharges.
I am referring the storm water drainage to the Department of Health and Environment, as it
deals with animal units. The applicant is required to comply with the Colorado Confined Animal
Feeding Control Regulations (State of Colorado).
pc: USR-1675
EXHIBIT
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M:\PLANNING - DEVELOPMENT REVIEW\USR-Use by Special Review\USR-1675 Rusco Land & Cable \USR-1675. doc
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MEMORANDUM
tCtTO: CHRIS GATHMAN, DEPT OF PLANNING SERVICES
FROM: TROY SWAIN
WIlD',SUBJECT: USR-1675, RUSCO LAND & CATTLE
. DATE: DECEMBER 30, 2008
COLORADO
The Weld County Department of Public Health & Environment has reviewed this
application to expand an existing cattle feeding operation to 9,000 head. The
Department has no objections to the proposal but recommend the following conditions
be part of any approval:
We recommend that the following requirement be met prior to hearing:
Demonstrate that the proposed open lot wastewater impoundment will meet the setback
to water wells and groundwater for new and expanded impoundments required by
Colorado Water Quality Control Commission Regulation Number 81, Section 81.8
(6)(a)&(b).
We recommend that the following requirement be met prior to recording the plat:
Submit evidence 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.
We recommend that the following requirements be incorporated into the permit as
development standards:
1. The facility shall operate in compliance with Colorado Water Quality Control
Commission Regulation Number 81 and 61.
2. There shall be no discharge of manure or wastewater to surface waters, unless
allowed by Water Quality Control Commission Regulation Number 81 or by
CAFO Colorado Discharge Permit issued under Regulation 61.
3. Land applications of manure and wastewater shall be made at agronomic rates
using practices and procedures, which are protective of ground and surface
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.
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4. The facility shall be operated and maintained in a manner to prevent nuisance
conditions and operate in accordance with the Management Plan for Nuisance
Control submitted with the application materials.
5. The facility shall control fugitive dust on this site and install and operate (as
necessary) a water sprinkler system to control dust from the pens. The facility
shall be operated and maintained in a manner to prevent nuisance conditions
and in accordance with their approved Management Plan for Nuisance Control.
6. The facility shall be operated in a manner to control pests. The facility shall be
operated in accordance, at all times, with their current approved Management
Plan for Nuisance Control. Additional control measures shall be implemented at
the request of the Weld County Department of Public Health & Environment in
the event that rodents (which can be determined to be associated with the
facility) are in such a number to be considered a nuisance condition.
7. The facility shall be operated in a manner to control flies. The facility shall be
operated in accordance, at all times, with their current approved Management
Plan for Nuisance Control. Additional fly control measures shall be implemented
at the request of the Weld County Department of Public Health & Environment in
the event that flies (which can be determined to be associated with the facility)
are in such a number to be considered a nuisance condition. Additional controls
shall also be implemented in the event the Weld County Department of Public
Health and Environment receives a significant number of fly (associated with
facility) complaints, and in the judgment of the Weld County Health Officer, there
exists a fly condition requiring abatement.
8. The facility shall be operated in a manner to control odors. The facility shall be
operated in accordance, at all times, with their current approved Management
Plan for Nuisance Control. Odors detected off site shall not equal or exceed the
level of fifteen -to -one dilution threshold, as measured using methods set forth in
Regulation 2 of the Colorado Air Pollution Control Regulations. Additional
controls shall be implemented at the request of the Weld County Department of
Public Health & Environment in the event odor levels detected off site of the
facility meet or exceed the level of fifteen -to -one dilution threshold, or in the
judgment of the Weld County Health Officer, there exists an odor condition
requiring abatement.
9. The applicant shall remove, handle, and stockpile manure from the livestock area
in a manner that will prevent nuisance conditions. The manure piles shall not be
allowed to exist or deteriorate to a condition that facilitates excessive odors, flies,
insect pests, or pollutant runoff. The surface beneath the manure storage areas
shall be of materials which are protective of State waters. These areas shall be
constructed to minimize seepage or percolation of manure contaminated water.
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In no event shall the facility impact or degrade waters of the State in violation of
Colorado Water Quality Control Commission Regulation Number 81.
10. Any Individual Sewage Disposal System (I.S.D.S.) on the property shall be
permitted, installed, maintained and operated in compliance with Weld County
I.S.D.S. Regulations.
11. The facility shall operate in compliance with applicable Colorado Air Quality
Control Commission Regulations. There shall be no open burning except
"agricultural open burning" as defined by Colorado Air Quality Control
Commission's Regulation 9.
12. There shall be no permanent disposal of solid wastes, as defined in the
Regulations Pertaining to Solid Waste Disposal Sites and Facilities (6 CCR 1007-
2), at this site. This is not meant to include those wastes specifically excluded
from the definition of a solid waste in the Solid Wastes Disposal Sites and
Facilities Act, 30-20-100.5, C.R.S., as amended.
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13. The facility shall adhere to the maximum permissible noise levels allowed in the
Light Industrial Zone as delineated in Section 25-12-103 C.R.S, as amended.
14. Waste materials, not specifically addressed by other development standards,
shall be handled, stored, and disposed in a manner that controls fugitive dust,
blowing debris, and other potential nuisance conditions.
15. The applicant shall comply with all provisions of the Underground and Above
Ground Storage Tank Regulations (7 CCR 1101-14).
16. Adequate drinking water, hand washing, and toilet facilities shall be provided for
employees and patrons of the facility.
17. If applicable, the applicant shall obtain stormwater discharge permit coverage for
construction activities from the Colorado Department of Public Health &
Environment, Water Quality Control Division.
18. The operation shall comply with all applicable rules and regulations of State and
Federal agencies and the Weld County Code.
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COLORADO
Weld County Referral
September 23, 2008
The Weld County Department of Planning Services has received the following item for review:
Applicant Rusco Land & Cattle, LLC Case Number USR-1675
Please Reply By October 23, 2008 Planner Chris Gathman
Project A Site Specific Development Plan and a Special Review Permit for a Livestock
Confinement Operation (expansion of an existing feeding operation for a total of
9,000 head of cattle, new pens, working areas, commodity area, feed mill, feed
storage area, and associated storm water retention ponds) in the A (Agricultural)
Zone District.
Legal Part of the E2 of Section 26, T7N, R66W of the 6th P.M., Weld County, Colorado.
Location Southwest of and adjacent to the intersection of County Roads 78 and 35.
Parcel Number 0707 26 000013
The application is submitted to you for review and recommendation. Any comments or recommendation you
consider relevant to this request would be appreciated. Please reply by the above listed date so that we may
give full consideration to your recommendation. Any response not received before or on this date may be
deemed to be a positive response to the Department of Planning Services. If you have any further questions
regarding the application, please call the Planner associated with the request. Please note that new
information may be added to applications under review during the review process. If you desire to
examine or obtain this additional information, please call the Department of Planning Services.
You will be notified in writing of the Planning Commission date once the date is determined.
❑ We have reviewed the request and find that it does / does not comply with our Comprehensive Plan
because
Di We have reviewed the request and find no conflicts with our interests.
❑ See attached letter.
Comments: l
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Signature
Agency
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Date q -(4 R'
+Weld County Planning Dept. +918 10th Street, Greeley, CO. 80631 +(970) 353-6100 ext.3540 +(970) 304-6498 fax
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COLORADO
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DEPARTMENT OF PLANNING SERVICES
Weld County Administrative Offices
918 10th Street
Greeley CO 80631
Phone (970) 353- 6100 Ext 3575
WEBSITE: www.co.weld.co.us
Applicant: Rusco Land & Cattle LLC September 29, 2008
Case Number: USR-1675
Project: A Site Specific Development Plan and a Special Review Permit for a Livestock
Confinement Operation (expansion of an existing feeding operation for a total of 9,000 head of
cattle, new pens, working areas, commodity area, feed mill, feed storage area, and associated
storm water retention ponds) in the A (Agricultural) Zone District.
Legal: Part of E2 of Section 26, T7N, R66W of the 6th P.M., Weld County, Colorado.
Location: Southwest of and adjacent to the intersection of CR 78 and CR 35.
Parcel Number: 0707 26 000013
There are no permits on record for this parcel.
Prior to the start of any construction, alterations, or change of occupancy;
1 A building permit application must be completed and two complete sets of plans including
engineered foundation plans bearing the wet stamp of a Colorado registered architect or
engineer must be submitted for review. A geotechnical engineering report preformed by a
registered State of Colorado engineer shall be required.
2 A plan review shall be approved and a permit must be issued prior to the start of construction.
3 Setback and offset distances shall be determined by the 2006 International Building Code
(Offset and setback distances are measured from the farthest projection from the structure).
4 Buildings located within a 100 year flood plain require a Flood Hazard Development Plan.
5 A letter from the Fire District to ascertain if a Fire Protection District permit is required.
Robert Powell
• Plans Examiner II
Service, Teamwork, Integrity, Quality
• SR
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COLORADO
Weld County Referral
September 23, 2008
The Weld County Department of Planning Services has received the following item for review:
Applicant
Please Reply By
Project
Legal
Rusco Land & Cattle, LLC Case Number USR-1675
October 23, 2008
Planner Chris Gathman
A Site Specific Development Plan and a Special Review Permit for a Livestock
Confinement Operation (expansion of an existing feeding operation for a total of
9,000 head of cattle, new pens, working areas, commodity area, feed mill, feed
storage area, and associated storm water retention ponds) in the A (Agricultural)
Zone District.
Part of the E2 of Section 26, T7N, R66W of the 6th P.M., Weld County, Colorado.
Location Southwest of and adjacent to the intersection of County Roads 78 and 35.
Parcel Number 0707 26 000013
The application is submitted to you for review and recommendation. Any comments or recommendation you
consider relevant to this request would be appreciated. Please reply by the above listed date so that we may
give full consideration to your recommendation. Any response not received before or on this date may be
deemed to be a positive response to the Department of Planning Services. If you have any further questions
regarding the application, please call the Planner associated with the request. Please note that new
information may be added to applications under review during the review process. If you desire to
examine or obtain this additional information, please call the Department of Planning Services.
You will be notified in writing of the Planning Commission date once the date is determined.
❑ We have reviewed the request and find that it does / does not comply with our Comprehensive Plan
because
❑ We have reviewed the request and find no conflicts with our interests.
See attached letter.
Comments: atiot'C!•ohi SGS-b4114, d- (2i4Vcat t)F hole rrn' 141 cal 433 ACI.C%
should (Gt .tnncaura*ea4 A & ►nth
Signature
Agency
W&FS
Date UGh64'G(f 10, s -
+Weld County Planning Dept. +918 10th Street, Greeley, CO. 80631 +(970) 353-6100 ext.3540 x,.(970) 304-6498 fax
COLORADO
Weld Canty Referral
Weld IF
GREELEY OFFICE
C
NOV r15 9nnR
RECEIVED
October 30, 2008
The Weld County Department of Planning Services has received the following item for review:
Applicant
Please Reply By
Project
Legal
Rusco Land & Cattle, LLC Case Number USR-1675
October 23, 2008
Planner Chris Gathman
A Site Specific Development Plan and a Special Review Permit for a Livestock
Confinement Operation (expansion of an existing feeding operation for a total of
9,000 head of cattle, new pens, working areas, commodity area, feed mill, feed
storage area, and associated storm water retention ponds) in the A (Agricultural)
Zone District.
Part of the E2 of Section 26, T7N, R66W of the 6th P.M., Weld County, Colorado.
Location Southwest of and adjacent to the intersection of County Roads 78 and 35.
Parcel Number 0707 26 000013
The application is submitted to you for review and recommendation. Any comments or recommendation you
consider relevant to this request would be appreciated. Please reply by the above listed date so that we may
give full consideration to your recommendation. Any response not received before or on this date may be
deemed to be a positive response to the Department of Planning Services. If you have any further questions
regarding the application, please call the Planner associated with the request. Please note that new
information may be added to applications under review during the review process. If you desire to
examine or obtain this additional information, please call the Department of Planning Services.
You will be notified in writing of the Planning Commission date once the date is determined.
.4 We have reviewed the request and find that it does / does not comply with our Comprehensive Plan
because F;UT-rocclose- r , propcsJA r<s tctr-ri n..l otr<.rn
We have reviewed the request and find no conflicts with our interests.
See attached letter.
O
Comments:
Signature
Agency
TOWN OF EATON
223 First Street
Eaton, CO 80615-3479
Date
altbd
+Weld County Planning Dept. +918 10th Street, Greeley, CO. 80631 +(970) 353-6100 ext.3540 ❖(970) 304-6498 fax
THE TOWN OF
223 1ST STREET
EATON, CO 80615
PHONE: (970) 454-3338
FAX: (970) 454-3339
November 4, 2008
Board of Weld County Commissioners
Attn: Chris Gathman
918 10th Street
Greeley, CO 80631
Subject: Case Number USR-1675
Dear Sirs:
The Town of Eaton received notification of this proposal on November 3, 2008. Because
of this late date we have been unable to present it formally to our Town Board. However,
the Town has some serious concerns with the project.
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This area is within the comprehensive plan area for the Town of Eaton as defined in our
Intergovernmental Agreement. In addition, as shown in the enclosed map, the area is
directly across WCR 35 from an area designated as suburban residential in our
comprehensive plan. The land in question has not yet been annexed into the Town but
the Town is actively encouraging growth to the north of the present incorporated limits.
The proposed feedlot will be very near to residential areas when this growth takes place.
An additional concern is that the proposed feedlot is located to the northwest of the
existing town and, with the prevailing winds as they exist, would cause severe odor
problems for residents of the Town.
Please recognize our concerns with the proposal and take our concerns into account as
you consider the proposal
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GREELEY OFFICE
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TIMOTHY J. DOW, MBA, JD
PATRICIA T. DOW, CPA, JD, LLM*
MAYO SOMMERMEYER, LLC
OF COUNSEL
THE Dow LAW FIRM, LLC
ATTORNEYS AND COUNSELORS AT LAW
P.O. BOX 1578
FORT COLLINS, COLORADO 80522-1578
(970) 498-9900
FAX: (970) 498-9966
E-MAIL (Iow(mdowlawfin.com
November 4, 2008
Chris Gathman, Planner
Weld County Department of Planning Services
918 10th Street
Greeley CO 80631
Re: USR-1675 Referral (Rusco Land & Cattle, LLC)
Our Client: Town -Boyd Lateral
Dear Chris:
NOV 05 9nnil
RECEIVED
7 CLOCK TOWER SQUARE
323 SOUTH COLLEGE AVENUE
FORT COLLINS. COLORADO 80524
• ALSO ADOITIEo TO PRACTICE LAW IN NEBRASKA
Thank you for your submission for the referenced matter. The ditch that our client owns
goes through the properties of Town -Boyd Lateral, a separate small lateral company that is under
the general umbrella of the Larimer & Weld Irrigation companies' management and operation.
Nevertheless, we have reviewed the submission and we have no difficulty with the
development as planned. The Town -Boyd Lateral does go through a portion of the Applicant's
property that is already existing and it is a stable situation that has been in existence for many
years. The expansion of the feed lots and their operation do not appear to have any operational
effect on the Town -Boyd Lateral.
I hope this is helpful and thank you for the submission.
MS/ap
Cc: Russ Moss
Russo Land & Cattle, LLC
37905 WCR 39
Eaton, CO 80615
Yours very truly,
4D°
LAW FIRM, LLC
Mayo Sommermeyer
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DEPARTMENT OF NATURAL RESOURCES
DIVISION OF WATER RESOURCES
Chris Gathman
Weld County Planning Department
1555 N 17th Avenue
Greeley, CO 80631
October 23, Meounty Planning Department
GREELEY OFFICE
OCT 29 mnp
RECEIVED
Re: Rusco Site Specific Development Plan and Special Permit Review
Case No. USR-1675
Sec. 26, T7N, R66W, 6th P.M.
Water Division 1, Water District 1
Dear Mr. Gathman:
Bill Ritter, Jr.
Governor
Harris D. Sherman
Executive Director
Dick Wolfe, P.E.
Director
We have reviewed the above referenced proposal for a livestock confinement operation
Since the submitted material does not appear to qualify as a "subdivision" as defined in §30-28-
101(10)(a), C.R.S., pursuant to the State Engineer's March 4, 2005 memorandum to county
planning directors, this office will only perform a cursory review of the referral information and
provide comments. The comments will not address the adequacy of the water supply plan for
this development or the ability of the water supply plan to satisfy any County regulations or
requirements.
From the submittal materials, the applicant indicated that the water for the livestock
feeding facility will be provided by one well and one North Weld County Water district tap.
However, no information was provided on the well and its permitted uses. From information in
this office, well permit no. 14534-R is located within the boundaries of this referral. This well is
decreed for stock watering purposes in case no. W-2938, as Dalton Brothers Well No. 4-14534.
The decreed pumping rate for this well is 0.333 cubic feet per second or 150 gallons per minute.
Use of this well in a livestock confinement operation is not exempt from administration in
Colorado's water rights priority system. This well would withdraw ground water hydraulically
connected to an over -appropriated stream system and will cause material injury to other water
rights. Therefore, an augmentation plan would be required to offset depletions caused by the
pumping of this well if used to supply the livestock confinement operation.
If you have any questions in this matter, please contact Megan Sullivan of this office.
Sincerely,
Jeff Deatherage, P.E.
Water Resource Engineer
Cc: Jim Hall, Division Engineer
Permit file
JD/MAS/Rusco Special Use (Weld)
Office of the State Engineer
1313 Sherman Street, Suite 818 • Denver, CO 80203 • Phone: 303-866-3581 • Fax: 303-866-3589
www.water.state.co.us
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