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Home My WebLink About20090250• • • WELD COUNTY LIVESTOCK ASSOCIATION 57875 WCR 86 New Raymer, CO 80742 January 19, 2009 Attention: Chairman Garcia Weld County Board of Commissioners Centennial Building Greeley, Colorado 80631 Dear Commissioners, The Weld County Livestock Association voted at there last meeting to communicate with you that our association is on record in favor of the expansion of the Rusco Feedlot near Eaton. We feel it fits well within the agriculture goals and policies that protect our county as a right to farm as per Weld County's Comprehensive Plan under Section 22. Specifically we point to specific statements such as 1) Respect and encourage the continuation of agricultural land uses and agricultural operations for purposes which enhance the economic health and sustainability of agriculture. 2) Continue the commitment to viable agriculture in Weld County through mitigated protection of established (and potentially expanding) agricultural uses from other proposed new uses that would hinder the operations of the agricultural enterprises. And 3) County land use regulations should protect the individual property owner's right to request a land use change. It is our belief that the expansion of the Rusco Feed Lot is the right of that organization to continue there existing business and to expand as per their individual property rights here in Weld County. Sineerety, eterson, President Weld County Livestock Association EXHIBIT USE. 411.215 ;JO(' 'i C.><.5c • • • 7 fl February 16,2009 Chris Gathman Weld County Planning Department 1555 N. 17th Avenue Greeley, CO 80631 Re: Rusco Land & Cattle Expansion: Job No. 39640.00 Dear Chris: JR ENGINEERING A Westrian Company JR Engineering is representing Ms. Kindsfater, a neighboring property owner who is concerned about the proposed expansion of the Rusco feedlot. She feels that doubling the existing herd will negatively impact her family's land and potentially their physical well being due to water contamination and significant increase in odor. Ag-Professionals (Ag-Pro) represented Russ Moss, the owner and operator of Rusco Land and Cattle during a presentation to the planning commissioners on February 3, 2009. We noted several inconsistencies in Ag-Pro's presentation from the information supplied in their original application. Namely, water augmentation is not in compliance, well usage is not accounted for, water supply is not confirmed, consolidation of feedlots is not clearly defined, the nutrient management plan is vague, a concentrated animal feeding operations (CAFO) permit was not found, any additional structures to be built on the property are not shown, and a proposed lagoon is not adequately engineered at this time. In several conversations with Dawn Ewing, an accounting coordinator for Division 1 at the State Engineer's Office, we have found that Mr. Moss is using the well (Dalton Brothers Well No. 4- 14534) on his property illegally without augmentation of the current pumping. Mr. Moss and his representatives at Ag-Pro submitted a request for State review of their permit due to the increased demand. In response, the State clearly explains that the well is decreed but that the usage needs to be augmented. Since there were no specified uses accompanying the request, the state required more information. The feedlots monthly and annual accounting will need to be submitted for accurate well usage accounting. We suggest that Rusco Land and Cattle become current with augmentation before they are allowed to proceed. Please see Appendix A for a copy of the decree for well W-2938, the permit for well 4-14534, and the letter from Division 1 stating that the use of this well is not exempt from augmentation. The owners currently use this well, as is described in the original application for the USR-1675, item number 5-h (see Appendix B). We also question the second water source supplied by the North Weld County Water District tap. If the District is unaware or has not authorized the doubled demand from Rusco, will not the increased demand result in a potentially negative impact on other users, namely the surrounding residences and fire protection requirements? We suggest presentation of confirmations from both North Weld County Water District and the Eaton Fire Protection District. 2620 E. Prospect Road, Fort Collins, CO 80525 970491-9888 • Fax: 970491-9984 • www.jrangineering.com EXHIBIT I IE USE #14O5- Chris Gathman February 13. 2009 Page 2 Ag-Pro's presentation mentioned several times that feedlots would be consolidated and incorporated into this proposed expanded feedlot. Subsequently, the land surrounding the other feedlots would be suitable for land application of the waste materials. If this is the case, we suggest that Rusco present this information formally by describing which feedlots will be relocated, the proposed number of head to be transferred, and specific plans for the abandoned feedlots. Regardless of feedlot closure, we suggest an investigation into total waste produced by the Rusco Land and Cattle feedlot operations and the total land available for waste application. This information is necessary in order to institute an accurate and binding Nutrient Management plan. Colorado Department of Public Health and Environment (CDPHE) requires a CAFO permit to be filed, which details the exact operation and holds the feedlot accountable to many specific requirements. The proposed expansion is unadvisable in our opinion without a CAFO permit, current survey, and adequate engineering. We agree with the West Greeley Conservation District recommendation that soil samples be taken and formally presented. Appendix C illustrates that no soil samples have been conducted yet. Prior to any expansion, we also suggest that water samples be collected at down gradient wells to determine a baseline of contaminants. The original application states in item number 1 "This proposal is to add new corrals, supporting buildings and structures, and new storm water pond." However, item number 5-d for detailed structure description states that none are planned at this time. We request written clarification on this subject, as to exactly what is to be built and when. • • In summary, the Rusco Land and Cattle feedlot has several water supply issues to address for their current operations before legitimately claiming that it is prepared to double operation. Once records are established with the state, increase to existing demand can be evaluated. We suggest Rusco Land and Cattle prepare a solid plan addressing specific numbers for the proposed operation and present this plan in a manner that is less a ploy for agriculture community team spirit and more fact -oriented. Sincerely, JR ENGINEERING, LLC Digoally signed by Forrest Leaf DN. CN = Forest Leaf, C= U5. O=JR Engineering LLC, OU = Water Resources Reason'. I em approving this document Dale. 3000.02.1811:20:45 -0T00' Forrest Leaf, P.E. Director of Water Resources Enclosures Cc: D. Kindsfater LIFC - Projects13960000.a(A39640001Wordl LettersWGaihman Rusco Feedlot Expansion 09 02 016.doc Appendix A • • r -44-61Ot,(91 v PMT i y c 3 y R_ DEPARTMENT OP NATURAL RESOURCES DIVISION OF WATER RESOURCES October 23, 2008 8?6j Chris t3athman Weld County Planning Department 1555 N.17tl1 Avenue Greeley, CO 80831 Re: Rusco Site Specific Development Plan and Special Permit Review Case No. USR-1675 Sec. 26, T7N, R66W, 8th P.M. Water Division 1, Water District 1 Dear Mr. Gathman: 8111 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 facil' will be ' ed • one well and one North Weld County Water district tap. However, From information in 4' this office, well permit no. 14534-R is located within the bou . es • s referral. This well is decreed for stock watering purposes in case no. W-2938, as Dalton Brothers Well No. 4-14534. The decreed pum • rate for this well is 0.333 cubic feet per second or 150 gallons per minute. his well would withdraw grou . wa err ; . r, am system and will cause material injury to other water rights. Therefor If you have any questions in this matter, please contact Megan Sullivan of this office. n(titi1) Ci c li v �• PI ctn Sincerely. Jeff Deatherage, P.E. Water Resource Engineer Cc: Jim Hall, Division Engineer Permit file ✓ JD/MAS/Rusth Special Use (Weld) 4 4 - Office of the State Engineer 1313 Sherman Street Suite 818 • Denver, CO 80203 • Phone: 303-866-3581 • Fax: 303-866-3589 www.water.atate.co.ue Reptots and Notfoes rotd to Oliver Wilt 'Ndrks, arseley, ` k (1911 iiij Stockwell Form F (Rev.).„ I� UG 1,1-1' No Check - 6 r.aA STATE OF COLORADO `'414 DNISION OF WATER RESOURCES APR 9 01960 OFFICE OF THE STATE ENGINEER, GROUND WEcNt)inWC` 14534¢ coi^RaIJe REGISTRATION NO. OF WELL mu ENGINEER Registrant Dalton Brothers:.• P.O. Address ..... aft.. F. D. - Eaton WELL DATA Depth ' 57 ft. Diameter 12in. Casing : 31. ft. Plain; , 20 ft. Perfor. Static Water Level $ii` ft. from top Yield 959 (gpm)(44) from 50 ft. Used for ,9bnettrifitnring on/at Prig& Sec 20 Top !M Range 6$Jtiger description of land or site) Water conveyed by Pk' pg6izietoize R" PU A Type Turbine Size Rh Driven by 30 i P at 1760 Well was first used June for Stbgttf ida4e3gn& using 160 Well enlarged _ deepened (gpm)(cfs)(ft) RPM �` 19 4a a cis L' Date April 29 1960 , Colo. WELL LOCATION County Weld 4 2 NS NE t Section 26 Twp. T..N , Rge. 663 7 Ice w O 4 4� 0. , 19 to LOG SHOULD BE GIVEN ON REVERSE SIDE IF AVAILABLE It L TOBELOCATED AS ACCUR- ATELY AS POSSIBLE WITHIN A SMALL SQUARE WHICH REPRESENTS 40 ACRES; OR IF IN A TOWN OR SUBDIVISION FILL IN THE FOLLOW- ING: N 6 PM i • I i 7E ---T------I- -� I 1 I i • I I F i S E Town or Stibdivision Street address or Lot and Block The above well ) (has not) been registered in the Office of the State Engineer prior to May 1, 1957. If Registered give Filing No. If NOT Registered prior to May 1, 1967,. a $5.00 filing fee accompanies this form. The above statements are true and correct to the " Subscribed and Sworn before me this 30th day of April , 1960 , My commission expires Dec, 11, 1961 (SEAL) thS, �iotary Pub it c• best of my knowledge and belief. DALTON BiiCTHkiiS FOR AT GINEER'S USE STOCK „ Located in district, — i' County for _ Registration No. in / 3 on APR 3 0 1960 , 19 IN THE WATER COURT IN AND FOR WATER DIVISION I, STATE OF COLORADO CASE NO. W-2938 IN THE MATTER OF THE APPLICATION FOR ) WATER RIGHTS OF DALTON BROTHERS. INC., a Colorado corporation IN WELD COUNTY FINDINGS AND RULING OF THE REFEREE AND DECREE OF THE WATER COURT 47'; • THIS CLAIM, having been filed with the Water Clerk, Water Division I. on May 30, 1972. and the Referee being fully advised in the premises, does hereby find: All notices required by law of the filing of this application have been fulfilled, and the Referee has jurisdiction of this application. No statement of opposition to said application has been filed, and the time for filing such statement has expired. All matters contained in the application having been reviewed, and testimony having been taken where such testimony is necessary, and such corrections made as are indicated by the evidence presented herein, 1T IS HEREBY THE RULING OF THE WATER REFEREE: 1. The name and address of the claimant: Dalton Brothers, Inc.. a Colorado corporation R.F.D Eaton, Colorado 2. The name of the structures: Dalton Brothers Well No. 1-14531 Dalton Brothers Well No. 2-14532 Dalton Brothers Well No. 3-14533 Dalton Brothers Well No. 4-14534 Dalton Brothers Well No. 5-00168 Dalton Brothers Well No. 6-1493 3. The legal description of the structures: Dalton Brothers Well No. 1-14531 is located in the NW% of NE% of Section 26, Township 7 North. Range 66 West of the 6th P.M.. Weld County. Colorado. at a point 325 feet South and 2160 feet West of the NE Corner of said Section 26. Dalton Brothers Well No. 2-14532 is located in the NEy of NEIL of Section 26. Township 7 North, Range 66 West of the 6th P.M., Weld County, Colorado, at a point 40 feet South and 510 feet West of the NE Corner of said Section 26. Case No. W-2938 Page 2 Dalton Brothers Well No. 3-14533 is located in the NWk of NEk of Section 26. Township 7 North. Range 66 West of the 6th P.M.. Weld County. Colorado, at a point 333 feet South and 2090 feet West of the NE Corner of said Section 26. Dalton Brothers Well No. 4-14534 is located in the NEk of NEk of Section 26, Township 7 North. Range 66 West of the 6th P.M.. Weld County, Colorado. at a point 1105 feet South and 200 feet West of the NE Corner of said Section 26. Dalton Brothers Well No. 5-00168 is located in the NWk of SEk of Section 23, Township 7 North. Range 66 West of the 6th P.M.. Weld County. Colorado, at a point 2210 feet North and 1460 feet West of the SE Corner of said Section 23. Dalton Brothers Well No. 6-1493 is located in the NEk of NWk of Section 23. Township 7 North, Range 66 West of the 6th P.M., Weld County. Colorado, at a point 330 feet South and 1580 feet East of the NW Corner of said Section 23. 4. The source of water: Groundwater 5. The date of appropriation: Dalton Dalton Dalton Dalton Dalton Dalton Brothers Well No. 1-14531: Brothers Well No. 2-14532: Brothers Well No. 3-14533: Brothers Well No. 4-14534: Brothers Well No. 5-00168: Brothers Well No. 6-1493: 6. The amount of water: Dalton Brothers Well Dalton Brothers Well Dalton Brothers Well Dalton Brothers Well Dalton Brothers Well Dalton Brothers Well 7. The use of the water: Dalton Brother 3-14533: 'S Township 7 Colorado. No. No. No. No. No. No. 1-14531: 2-14532: 3-14533: 4-14534: 5-00168: 6-1493: December 31, 1924 September 27, 1950 July 7, 1950 June 28, 1942 March 31, 1936 March 17. 1949 1.767 cubic 1.111 cubic 0.667 cubic 0.333 cubic 1.556 cubic 1.933 cubic feet feet feet feet feet feet per per per per per per second second second second second second �e-ll_,No 1t5 1, and Dalton Brothers Well No. , tf 4141n the NEk of Section 26, orth. Range 66 West of the 6th P.M., Weld County, Dalton Brothers Well go. 2-14532: the NEk of Section 26. Township 7 6th P.M., Weld County, Colorado. Dalton Brothers Well No. 4-14534:' Dalton Brothers Well No. 5-00168,,.k. in the Eh of SEk of Section 23, Townsh p7 North, Range 66est of the 6th P.M., Weld County, Colorado. Dalton Brothers Well No. 6-1493 44#041014 Afrrodaacr'4•s in the NWk of Section 23, Township 7 North, Range 66 West of the 6th P.M., Weld County. Colorado. in We`t^ of the • DATED this QYze day of \ At • Case No. W-2938 Page 3 , 1975. J. A R. Wa Referee, Division I THE COURT 00TH FIND: NO PROTEST WAS FILED IN THIS MATTER. THE FOREGOING RULING IS CDNFIRMED AND APPROVED, AND IS HEREBY MADE THE JUDGMENT AND DECREE OF THIS COURT. Dated: f ccwCl g /4,925 ® JUDGE DONAD A. Water Judge, Divfsioon I Appendix B • • SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW (USR) QUESTIONNAIRE The following questions are to be answered and submitted as part of the USR application. If a question does not pertain to your use, please respond with "not applicable", with an explanation as to why the question is not applicable. 1. Explain, in detail, the proposed use of the property. The existing use of this property is a feedlot facility. This proposal is to obtain a new special use permit for a 9,000 head livestock feeding facility. The livestock feeding facility is located on one contiguous parcel totaling approximately 112 acres. Activities will include feeding beef cattle; storing and processing feed; storing and maintaining feeding equipment; and farming. Supporting infrastructure includes buildings and corrals for livestock husbandry, equipment storage, maintenance facilities, waste management control structures and employee housing. This proposal is to add new corrals, supporting buildings and structures, and new storm water ponds. The facility will be operated under applicable local, state and federal regulations. The facility will also use standard and traditional operating procedures and best management practices consistent for beef feedlots. Explain how this proposal is consistent with the intent of the Weld County Code, Chapter 22 (Comprehensive Plan). Section 22-2-60 A.Goal.1 states "Conserve agricultural land for agricultural purposes which foster the economic health and continuance of agriculture". 1. A.Policy 1.1 states "Agricultural zoning will be established and maintained and promote the County's agricultural industry. Agricultural zoning is intended to provide areas for agricultural activities and other uses interdependent upon agriculture." The proposed use is consistent with the Weld County Comprehensive plan through the preservation, enhancement and growth of agriculture. The facility supports commercial and industrial uses directly related to or dependent upon agriculture. The proposed site is not located within a flood hazard zone, a geologic hazard zone or airport overlay zone. The property use is necessary in Weld County to preserve the agricultural economic base historically attributed to the area. The proposed request is consistent with the Weld County Comprehensive Plans support of agricultural activities. 3. Explain how this proposal is consistent with the intent of the Weld County Code, Chapter 23 (Zoning) and the zone district in which it is located. This proposal meets the intent of the agricultural zone district where the site is located. A livestock confinement operation exceeding four (4) animal units per acre are permitted in the A (Agricultural) zone district as a Use -by -Special Review. Currently there are four (4) similar uses in the area. Public health, safety and welfare are protected through adherence to applicable county, state and federal regulations and requirements and conditions of this permit. 4. What types of uses surround the site? Explain how the proposed use is consistent and compatible with surrounding land uses. Agricultural uses that surround this site are primarily crop farming and rural residential. There are other confined animal feeding operations that surround this site. They are as follows: a livestock feeding facility located approximately .8 miles west of this facility, a livestock feeding facility approximately 1 mile southwest of this facility, and a Dairy approximately 3.3 miles southwest of this facility. This proposal is compatible with the surrounding agricultural uses and the Weld County Comprehensive Plan. 5. Describe, in detail, the following: a. How many people will use this site? ' Currently there are 5 employees at this site. b. How many employees are proposed to be employed at this site? At full build -out there will be approximately 5 employees working at the site. c. What are the hours of operation? The facility will operate approximately 12 hours per day. Equipment operations, trucks, farming activities and maintenance activities, other than emergencies, will occur primarily during daylight hours. d: What type and how many structures will be erected (built) on this site? At this time there are no new buildings planned. Existing buildings, pens, and —Or commodity areas will remain, and new pens will be constructed to house the intended 9,000 head. e. What type and how many animals, if any, will be on this site? The applicant is requesting 9,000 head of beef cows. 1. What kind (type, size, weight) of vehicles will access this site and how often? Typical vehicles accessing this site include feed and hay delivery trucks, semi- tractor/trailer, employee and owner vehicles, animal product vendors, and ag- related equipment. Operating equipment includes typical farming equipment, tractors, loaders and attachments. The following numbers are estimates anticipated upon the renovation of the site. Commodity Trucks: 4 per/ day Manure: 5/day Livestock transportation — 4/day Rendering Truck— when needed. Employees — Daily Services, Venders, and Visitors g. Who will provide fire protection to the site? Eaton Fire Protection District. h. What is the water source on the property? (Both domestic and irrigation). Water for the livestock feeding facility domestic water is provided by one well with attached permit, and one North Weld county water district tap. There is currently no irrigation water on the subject property. What is the sewage disposal system on the property? (Existing and proposed). Sewage disposal for the homes and parlor are septic systems as evidenced by the accompanying permits. If storage or warehousing is proposed, what type of items will be stored? Storage and warehousing are not proposed as the primary use of this site. Feed, livestock bedding, manure, equipment parts, and supplies typical of farming activities will be stored on site. 6. Explain the proposed landscaping for the site. The landscaping shall be separately submitted as a landscape plan map as part of the application submittal. There is no further landscaping planned at this time. 7. Explain any proposed reclamation procedures when termination of the Use by Special Review activity occurs. Reclamation procedures include compliance with applicable state regulations to manage solid manure and stormwater runoff until all relative material is adequately removed. Should the facility be permanently discontinued for use as a livestock feeding facility, it would be marketed under applicable county planning and zoning regulations to its greatest and best use. 8. Explain how the storm water drainage will be handled on the site. Storm water drainage will behandled by the current wastewater retention structures, and berms. These berms and storm water ponds will be redesigned and enlarged to handle the additional capacity needed for this expansion. All stormwater retention structures will be designed to meet required federal, state and local regulations. Specific details regarding storm water management are outlined in the Nutrient Management Plan. 9. Explain how long it will take to construct this site and when construction and landscaping is scheduled to begin. Construction of the additional pens will begin immediately upon approval of the Use by Special Review permit; it will take approximately 2 years to complete the plan. 10. Explain where storage and/or stockpile of wastes will occur on this site. The manure produced at the facility will be hauled off and provided to local farmers. Storm water and wastewater will be collected into wastewater retention structures. All storm water structures are designed to meet all required regulations. No hazardous material storage is proposed for this site. Stormwater and wastewater will be periodically land applied at agronomic rates. Details of the manure management system are outlined in the Nutrient Management Plan. Debris and refuse will be collected and removed by a local trash service, such as Waste Management or BFI. USR-1675 Rusco Land &Cattle, LLC Chris Gathman Below is a list of the soils and their limitations according to the USDA, Weld County Soil Survey. Map Shallow Dwellings Small Septic Tank Prime Farm Symbol Sal Name Soil Texture without Dwellings with Excavations basements Commercial Absorption Land (if Atldilignal Comments .11 la:. •It. --- -. _ basements Huildirx�c Maid.. a icuuo met me applicant does an on site soils test prior to any cons or contact our office at (970) 358-8097. If you or the applicant ha% C !r) i K JC �I�j (5 3a. 1 dc It: , Esther Gesick From: nt: Cc: Subject: Esther, Chris Gathman Thursday, February 19, 2009 4:28 PM Esther Gesick Troy Swain; Janet Carter RE: USR #1675 - Rusco Draft Resolution revisions Could you please make the following revisions to the USR-1675 Rusco Board of County Commissioners resolution: * Add the following condition under 1.A.9 (page 5): Manure storage and/or composting areas in the event that off -site application or composting becomes unavailable. These areas shall be located toward the center of the property to buffer from neighboring properties. * Add the following condition under 1.E (page 6) and renumber conditions: subsequent An access plan for the 3 accesses to the project site shall be approved by Weld County Public Works prior to recording the plat. * Replace condition 1.F (page 6) with the following condition: Demonstrate that the facility has adequate manure storage in the event that off - site application or composting becomes unavailable. No composting area or manure storage areas are designated on the site plan map. • * Add the following as Development Standard #5 and renumber subsequent Development Standards: WCR 35 is a major arterial road, which requires a 140 -foot right -of- way at full build out. Weld County Public Works will allow a fence to be placed within the 140 - foot right-of-way but outside of the 80 -foot right-of-way. The fence will have to be removed and relocated at the property owner's expense when the arterial roadway is built for the 140 -foot right-of-way. Let me know if you have any questions. Thanks, Chris Original Message From: Esther Gesick Sent: Thursday, February 19, 2009 9:35 AM To: Chris Gathman Subject: USR #1675 - Rusco Draft Resolution illither E. Gesick puty Clerk to the Board 915 10th Street Greeley, CO 80631 EXHIBIT F use #1475 i 1 Page 1 of Jennifer VanEgdom • • • From: Esther Gesick Sent: Monday, February 23, 2009 9:43 AM To: Jennifer VanEgdom Subject: FW: Rusco Feedlot Expansion For addition to the file as an Exhibit. Thanks! Esther E. Gesick Deputy Clerk to the Board 915 10th Street Greeley, CO 80631 (970)356-4000 X4226 (970)352-0242 (fax) From: Barbara Kirkmeyer Sent: Monday, February 23, 2009 8:13 AM To: 'grader015@slbbi.com'; Esther Gesick Cc: Bruce Barker Subject: Re: Rusco Feedlot Expansion Please add to file and make part of the public record. Thanks From: Larry Anderson To: Barbara Kirkmeyer Sent: Sat Feb 21 11:39:52 2009 Subject: Rusco Feedlot Expansion I am hoping you vote against the increase in cattle numbers and expansion of the Rusco Feedlot. There are already toc many feedlots next to Eaton and the smell is getting awful. Each summer you have to close your doors and windows at some point in the evening as the stench is just terrible. If this lot is allowed to double its number of cattle, it will make living in the outdoors during the summer unbareable. The prevailing winds will overtake the town and the smell will cau! undue hardship on people with allergies etc. Why do we have to have another feedlot expand near our town. It will reduce our property values as they are already down because of the recession. Please think about the poor people wh< have to live near all this smell, dust and flies. We have a very nice town but no one will want to live here anymore. It's just like the town of Greeley when they had the lots north of them, it became known as a smelly town and that still sticks with the town. Please vote no on the expansion and try to convince the men on the board to also vote no to this. This is not the time to place undue hardship on this small town. We need your help to stop it. Thanks. Bev Anderson 2/23/2009 Esther Gesick From: nt: ubject: Chris Gathman Monday, February 23, 2009 11:00 AM Esther Gesick; Jennifer VanEgdom; Troy Swain; Tom Haren; Tim Naylor FW: 2009-02-016, Rusco Feedlot Expansion USR-1675 Attachments: ResUSR-1675-JR edits.doc ResUSR-1675-JR edits.doc (93 K... Here is another exhibit for Wednesday's hearing. It outlines proposed revisions to conditions of approval presented by JR Engineering. Chris Original Message From: Taylor, Susan[mailto:STaylor@JREngineering.com] Sent: Monday, February 23, 2009 8:55 AM To: Chris Gathman Cc: Leaf, Forrest; Agee, John Subject: RE: 2009-02-016, Rusco Feedlot Expansion USR-1675 Good Morning Chris, We would like to present the following comments as an example of our additions to the USR-1675 being recommended to the board of county commissioners for the hearing on Wednesday. JR's comments are found in bold and hi -lighted as additions to the existing act. nk you for your consideration of these concerns. Have a great Day! -Susan Susan Taylor, Project Engineer Water Resources JR Engineering, LLC - Fort Collins Office 2620 E. Prospect Road, Suite #190 Fort Collins, CO 80525 Phone: 970-491-9888 x 4514 Direct: 720-488-4514 Cell: 720-220-1182 Fax: 970-491-9984 Email: staylor@jrengineering.com Original Message From: Chris Gathman [mailto:cgathman@co.weld.co.us] Sent: Wednesday, February 18, 2009 2:00 PM To: Taylor, Susan Subject: RE: 2009-02-016, Rusco Feedlot Expansion USR-1675 lsan, The Board of County Commissioners hearing date is scheduled for Wednesday, 1 February 25th at 10 AM. I have forwarded your letter to the applicant - Tom Haren as well as to Troy Swain Environmental Health. I have not received any documentation re: the wells from Tom (that he had alluded to at the hearing) at this point. Haren •ere are conditions of approval that the applicant must provide evidence of adequate water and address the conditions of the Division of Water Resources (see conditions 1.J and 1.K) in the approved Planning Commission Resolution prior to recording the USR plat. I will follow up with North Weld County Water re: the Use of their water tap. The applicant currently does have a commercial/industrial tap from North Weld County Water. The information provided with the application indicated that the water district could utilize up to 1,597,000 gallons (70% of 7.0 acre feet of water). In regards to Windsor/Severance Fire Protection District - they were sent a copy of the Special Use Permit application to review as a referral agency. The plat does indicate additional pen space than currently on site. In regards to future structures - we can recommend that the applicant indicate all (anticipated) future structures on the plat. In regards to nutrient management - we are requiring the applicant to provide a plan as to where manure will be applied (condition 1.F). In regards to the nutrient management plan and CAFO requirements... This has been reviewed by Troy Swain with Environmental Health. Your letter has been forwarded to the Clerk to the Board Office and will be part of the record at next week's hearing. Sincerely, Chris Gathman Original Message Illkom: Taylor, Susan [mailto:STaylor@JREngineering.com] nt: Wednesday, February 18, 2009 10:25 AM To: Chris Gathman Cc: Leaf, Forrest; Agee, John Subject: FW: 2009-02-016, Rusco Feedlot Expansion USR-1675 Importance: High Good Morning Chris, Just a follow up.. Do you need any additional information regarding our concerns? Can you confirm, when and where the next hearing for this case will be (I have in my notes February 25th)? Thanks! -Susan Susan Taylor, Project Engineer Water Resources JR Engineering, LLC - Fort Collins Office 2620 E. Prospect Road, Suite #190 Fort Collins, CO 80525 Phone: 970-491-9888 x 4514 Cell: 720-220-1182 Fax: 970-491-9984 Email: staylor@jrengineering.com Original Message om: Chris Gathman [mailto:cgathman@co.weld.co.us] nt: Monday, February 16, 2009 1:33 PM To: Taylor, Susan Subject: Read: 2009-02-016, Rusco Feedlot Expansion USR-1675 2 Importance: High Your message • To: Subject: cgathman@co.weld.co.us was read on 2/16/2009 1:33 PM. • • 3 • • • BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS Moved by Mark Lawley, that the following resolution be introduced for passage by the Weld County Planning Commission. Be it resolved by the Weld County Planning Commission that the application for: CASE NUMBER: USR-1675 APPLICANT: Ruscoe Land & Cattle PLANNER: Chris Gathman REQUEST: A Site Specific Development Plan and a Use by 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 DESCRIPTION: 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. be recommended favorably to the Board of County Commissioners for the following reasons: 1. The submitted materials are in compliance with the application requirements of Section 23-2-260 of the Weld County Code. 2. It is the opinion of the Planning Commission that the applicant has shown compliance with Section 23-2-220 of the Weld County Code as follows: A. Section 23-2-220.A.1 -- The proposed use is consistent with Chapter 22 and any other applicable code provisions or ordinance in effect. Section 22-2-20 A.Goal 1. states "Respect and encourage the continuation of agricultural land uses and agricultural operations for purposes which enhance the economic health and sustainability of agriculture." Sec. 22-4-190.a states: "Agricultural waste results from the raising of crops or animals, including animal manures, that are returned to the soils as fertilizer or soil conditioners. Improperly managed agricultural waste can impact public health. Agricultural waste must be managed and processed appropriately to protect human and environmental health." Section 22-2-20 A.Goal 2.states: "Continue the commitment to viable agriculture in Weld County through mitigated protection of established (and potentially expanding) agricultural uses from other proposed new uses that would hinder the operations of the agricultural enterprises." This use is a proposed expansion of an existing feedlot on the property. The applicant is proposing to expansion the feedlot to the west of the existing facility. Feedlots are agricultural related uses. The Department of Planning Services is requiring a Landscape and Screening Plan and a lighting plan be submitted to address the impacts from the expansion of this feedlot on neighboring properties and rights -of -way. B. Section 23-2-220.A.2 -- The proposed use is consistent with the intent of the A (Agricultural) Zone District. Section 23-3-40 B.16 of the Weld County Code provides for livestock confinement operations as a Use by Special Review in the A (Agricultural) Zone District, ( deleted: C. Section 23-2-220.A.3 -- The uses which will be permitted will be compatible with the existing surrounding land uses. The surrounding properties are all zoned agricultural. There is an existing single-family residence located within 500 -feet to the east of the facility across County Road 35 and an additional single-family residence (owned by the applicant) is Resolution USR-1675 Rusco Land & Cattle Page 2 • • • located immediately to the north of the facility. Other residences in proximity of the site are located approximately %z mile to the east, north, south and west. Because of the close - [Formatted proximity of existing residiences that rely and utilize alluvial ground water, the applicant is required to develop a comprehensive alluvial ground water monitoring plan that includes characterization of the existing aquifer gradient, the water quality of the aquifer including the following: 1. Total coliforms 2. Nitrate 3. Nitrite 4. SAR 5. Phosphate The applicant shall also develop a monitoring plan that is demonstrative of the identification of any future increases in back ground contaminates to the alluvium and a plan to proactively and aggressively mitigate any potential aquifer quality degradation. The proposed feedlot expansion is located %z mile north of an existing compost processing facility (AMUSR-930), 1.5 miles to the east of an existing 400 -head feedlot (USR-747), and approximately 3 miles to the northeast of an existing 10,000 -head livestock confinement operation (USR-529). The Department of Planning Services is requiring a Landscape and Screening plan and a Lighting plan be submitted to address the impacts from the expansion of this feedlot. The Department of Planning Services is also requiring that the applicant will be required to adhere to specific Development Standards imposed by the County as well as Confined Animal Feeding Operation (CAFO) regulations. This will ensure the facility is operating in compliance with numerous conditions which would not be required for a facility operating as a use -by -right. D. Section 23-2-220.A.4 -- The uses which will be permitted will be compatible with future development of the surrounding area as permitted by the existing zoning and with the future development as projected by Chapter 22 of the Weld County Code and any other applicable code provisions or ordinances in effect, or the adopted Master Plans of affected municipalities. The proposed facility expansion is located within the three-mile referral areas of the Towns of Eaton, Ault and Severance. It is not located within the intergovernmental agreement boundaries of any of these municipalities. The Town of Severance indicated no conflicts with their interests and no referral response has been received from the Town of Ault. 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 in Eaton. The Town of Eaton and Weld County have an intergovernmental agreement. The intergovernmental agreement boundary for the Town of Eaton is immediately across County Road 35 from the subject site. [Formatted D The intergovernmental agreement addresses development within the 3 -mile referral area for the Town of Eaton but outside of the Urban Growth Area (intergovernmental agreement area) as follows: Section 19-7-50.B (Coordinated Planning Agreement— Eaton) states: "To the extent legally possible, the County will disapprove proposals for Urban Development in areas of the Municipal Referral Area outside the Urban Growth Area. In reviewing proposals for Non - Urban Development in such areas, the County will apply its Comprehensive Plan and zoning and subdivision ordinances, and, where appropriate, the MUD Plan." Section 19-7-40 (Coordinated Planning Agreement — Eaton) Defines Non -Urban Development as "Land uses which typically do not require services such as central water and sewer systems, road networks, park and recreation services, storm drainage and the like, and which are generally considered to be rural in nature, expressly including land used or capable of being used for agricultural production and including developments which combine clustered residential uses and agricultural uses in a manner that the agricultural lands are suitable for farming and ranching operations for the next forty (40) years." Resolution USR-1675 Rusco Land & Cattle Page 3 The proposed feedlot expansion is located approximately 1.25 miles northwest of the current town limits of the Town of Eaton. The surrounding area is presently agricultural in nature. Also feedlots are considered a non -urban use and this is defined as a non -urban area. The facility will be required to comply with the attached development standards requiring the facility to operate in a manner to control flies, odors and nuisance conditions. E. Section 23-2-220.A.5 -- The application complies with Section 23-5 of the Weld County Code. The proposed facility site does not lie within the boundaries of any overlay district. Effective January 1, 2003, Building Permits issued on the proposed lots will be required to adhere to the fee structure of the County Road Impact Program. (Ordinance 2002-11) • • Effective August 1, 2005, Building Permits issued on the proposed lots will be required to adhere to the fee structure of the Capital Expansion Impact Fee and the Stormwater/Drainage Impact Fee. (Ordinance 2005-8 Section 5-8-40) F. Section 23-2-220.A.6 -- The applicant has demonstrated a diligent effort to conserve prime agricultural land in the locational decision for the proposed use. The proposed Use by Special Review will be located on that part of the property considered "Prime" according to the U.S.D.A. Soil Conservation Map, dated 1979. The use of the land will remain in an agriculturally related use. G. Section 23-2-220.A.7 — The Design Standards (Section 23-2-240, Weld County Code), Operation Standards (Section 23-2-250, Weld County Code), Conditions of Approval and Development Standards ensure that there are adequate provisions for the protection of health, safety, and welfare of the inhabitants of the neighborhood and County. This recommendation is based, in part, upon a review of the application materials submitted by the applicant, other relevant information regarding the request, and responses from referral entities. The Department of Planning Services met with the applicant on October 23, 2008 to discuss the referrals received. Staff recommended that the applicant hold a community meeting with adjacent property owners. The applicant's representative has indicated that he would hold meetings with individual property owners. The Conditions of Approval outlined below are the remaining items that still need to be addressed. The Planning Commission recommendation for approval is conditional upon the following: • • • 1. Prior to recording the plat: A. The plat shall be amended to delineate the following: 1) All sheets of the plat shall be labeled USR-1675. (Department of Planning Services) 2) The plat shall be prepared in accordance with Section 23-2-260.D of the Weld County Code. (Department of Planning Services) 3) Oil and Gas drilling windows (if no surface use agreement or memorandum of understanding is reached or locations specified under the approved Surface Use Agreement). (Department of Planning Services) 4) WCR 35 is a major arterial road, which requires a 140 -foot right-of-way at full build out There is presently 60 -feet of right-of-way. A total of 70 -feet from the centerline of County Road 35 shall be designated as future road right-of-way for County Road 35. Resolution USR-1675 Rusco Land 8 Cattle Page 4 The applicant shall verify the existing right-of-way and the documents creating the right-of-way shall be noted on the plat. All setbacks shall be measured from the edge of future county road right-of-way. (Department of Public Works) 5) The internal road(s) shall enter onto County Road 35 at a 90 -degree angle, for a minimum of one vehicle length to provide adequate site distance in both directions. This shall be delineated on the plat. (Department of Public Works) 6) Turning radiuses for the existing accesses onto County Road 35 shall be a minimum of 60 -feet. (Department of Public Works) 7) The approved Landscape and Screening Plan. (Department of Planning Services) 8) Location of proposed lighting as outlined in the approved Lighting Plan. (Department of Planning Services) 9) The minimum setback of the lagoon from County Road 35 shall match the setback of the proposed lagoon indicated on the draft plat map (dated 5/14/2008) submitted with the application. (Department of Planning Services) B. The applicant shall either submit to the Weld County Department of Planning Services a copy of an agreement with the properties mineral owners/operators stipulating that the oil and gas activities have adequately been incorporated into the design of the site or show evidence that an adequate attempt has been made to mitigate the concerns of the mineral owners. Drill envelopes can be delineated on the plat in accordance with the State requirements as an attempt to mitigate concerns. The plat shall be amended to include any possible future drilling sites. (Department of Planning Services) C. A Lighting Plan, including cut sheets of the intended lights, shall be provided to the Department of Planning Services for review and approval. The Lighting Plan shall adhere to the lighting requirements for off-street parking spaces per Section 23-4-30.E of the Weld County Code and shall adhere to the lighting standards, in accordance with Section 23-3- 360.F and Section 23-2-250.D of the Weld County Code. Further, the approved Lighting Plan shall be delineated on the plat. (Department of Planning Services) D. The applicant shall address the concerns and requirements of the Weld County Department of Public Works as outlined in their referral dated 10/27/2008. Written evidence that these concerns have been addressed shall be submitted to the Department of Planning Services. (Department of Planning Services) • • • E. 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 Regulation Number 81 (5 CCR 1002-81), Section 81.8 (6)(a)&(b). Evidence of such shall be provided to the Departments of Public Health and Environment and Planning Services. (Department of Public Health & Environment) F. 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. (Department of Public Health & Environment) G. 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. (Department of Public Health and Environment), The -{Formatted applicant shall develop a comprehensive monitoring plan that characterizes the existing background gradient and quality of the alluvium and future monitoring plan that demonstrates that the background water quality is not being impaired by the pending USR. In addition, the applicant must include in the plan details of monitoring frequency, constituents, locations and a mitigation plan should back ground water quality becomes impaired,Resolution USR-1675 Deleted: 1) Rusco Land & Cattle Page 5 H. The applicant shall submit a Landscape Plan/Screening Plan to the Department of Planning Services for review and approval. The applicant shall place "plant material" or other acceptable screening material to mitigate the impacts of the facility from adjacent properties. Further, the applicant shall adhere to all landscape requirements of Section 23-3-350.G.1 and Section 23-3-350.G.2 of the Weld County Code. Upon approval, the Landscape and Screening Plan shall be placed on the plat. (Department of Planning Services) The applicant shall submit a Private Improvements Agreement according to policy regarding collateral for improvements and post adequate collateral for onsite improvements. The applicant shall submit to the Department of Planning Services an itemized landscaping bid for review. The agreement and form of collateral shall be reviewed by County Staff and accepted by the Board of County Commissioners prior to recording the Use by Special Review plat. Or the applicant may submit evidence that all the work has been completed and approved by the Department of Planning Services and the Department of Public Works. (Department of Planning Services) J. The applicant shall demonstrate that they havepufficient and legal water available for dust . - { Formatted suppression and all other requirements of the operation. Written evidence of such shall be provided to the Department of Planning Services. (Department of Planning Services); The - { Formatted applicant must provide proof that the water supply includes a legally decreed water supply and demonstrate that the water supply is operationally adequate in both total volume and flow rate that dust suppression can be achieved. K. The applicant shall address the requirements of the Office of State Engineer — Division of Water Resources as stated in their referral dated October 29, 2008. Written evidence, in the - {Formatted form of a Division I Water Court decree, which includes a Plan for Augmentation and appropriate use and any necessary change of water rights to use well 14534. of such shall be provided to the Department of Planning Services. 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 utilized, then evidence of an approved water augmentation plan for the existing well shall be submitted to the Department of Planning Services. (Division of Water Resource4 In addition, the applicant mustprovide {Formatted evidence that the present use of the subject well Is legal and complies with the conditions of the well permit and Water Court Decree. • • • L. The applicant shall attempt to address the concerns of the Town of Eaton as stated in their referrals received November 5, 2008 and January 16, 2009. Written evidence of such shall be provided to the Department of Planning Services. (Town of Eaton) M. The applicant shall address the requirements of the Weld County Department of Public Works as stated in their referral received October 28, 2008. (Department of Public Works) N. The applicant shall address the requirements of the Weld County Department of Planning Services Landscape referral received October 9, 2008. Written evidence of such shall be provided to the Department of Planning Services. (Department of Planning Services) O. If a sign is proposed, the applicant shall submit a detailed signage plan to the Department of Planning Services, including location and size. Signs shall be in compliance with Article VI, Division II and Appendices C through E of the Weld County Code. (Department of Planning Services) 2. Upon completion of 1. above the applicant shall submit a Mylar plat along with all other documentation required as Conditions of Approval. The Mylar plat shall be recorded in the office of the Weld County Clerk and Recorder by Department of Planning Services' Staff. The plat shall be prepared in accordance with the requirements of Section 23-2-260.D of the Weld County Code. The Mylar plat and additional requirements shall be submitted within one -hundred eighty (180) days from the date of the Board of County Commissioners resolution. The applicant shall be responsible for paying the recording fee. (Department of Planning Services) 3. Prior to Release of Building Permits: A. 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 Resolution USR-1675 Rusco Land & Cattle Page 6 engineer must be submitted for review. A geotechnical engineering report performed by a registered State of Colorado engineer shall be required. A plan review shall be approved and a permit must be issued prior to the start of construction. (Department of Building Inspection) B. A letter from the Windsor -Severance Fire District shall be provided to the Department of Building Inspection indicating whether or not a Fire District permit is required. (Department of Building Inspection) 4. In accordance with Weld County Code Ordinance 2005-7 approved June 1, 2005, should the plat not be recorded within the required sixty (60) days from the date the Administrative Review was signed a $50.00 recording continuance charge may be added for each additional 3 month period. (Department of Planning Services) Motion seconded by Tom Holton. VOTE: For Passage Robert Grand Bill Hall Tom Holton Doug Ochsner Erich Ehrlich Roy Spitzer Mark Lawley Against Passage Absent Paul Branham Nick Berryman • • • The Chair declared the resolution passed and ordered that a certified copy be forwarded with the file of this case to the Board of County Commissioner's for further proceedings. CERTIFICATION OF COPY I, Kristine Ranslem, Recording Secretary for the Weld County Planning Commission, do hereby certify that the above and foregoing resolution is a true copy of the resolution of the Planning Commission of Weld County, Colorado, adopted on February 3, 2009. Dated the 3r° of February, 2009. Kristine Ranslem Secretary • • • SITE SPECIFIC DEVELOPMENT PLAN SPECIAL REVIEW PERMIT Rusco Land & Cattle LLC DEVELOPMENT STANDARDS USR-1675 1. A Site Specific Development Plan and a Special Review Permit for a Livestock Confinement Operation (feedlot for a total of 9,000 head of 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 subject to the Development Standards stated hereon. (Department of Planning Services) 2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of the Weld County Code. (Department of Planning Services) 3. The facility will operate during daylight hours. Equipment operations, trucks, farming activities and maintenance activities, other than emergencies, will occur during daylight hours. (Department of Planning Services) 4. The total number of on -site employees shall be limited to five (5). (Department of Planning Services) 5. The facility shall operate in compliance with Colorado Water Quality Control Commission Regulation Number 81 and 61. (Department of Public Health & Environment) 6. 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. (Department of Public Health & Environment) 7. Any 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. (Department of Public Health & Environment) 8. The facility shall be operated and maintained in a manner to prevent nuisance conditions and operated in accordance with their current approved Management Plan for Nuisance Control. (Department of Public Health & Environment) 9. The facility shall control fugitive dust on this site and install and operate (as necessary) a water sprinkler system to control dust from pens. The facility shall be operated and maintained in a manner to prevent nuisance conditions and in accordance with their current approved Management Plan for Nuisance Control. (Department of Public Health & Environment) 10. 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 and 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. (Department of Public Health & Environment) 11. 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 and 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. (Department of Public Health & Environment) Resolution USR-1675 Rusco Land & Cattle Page 8 • • 12. The facility shall be operated in a manner to control odors. The facility shall be operated in accordance with the 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 and 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. (Department of Public Health & Environment) 13. 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. In no event shall the facility impact or degrade waters of the State in violation of Colorado Water Quality Control Commission Regulation Number 81. (Department of Public Health & Environment) 14. 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. (Department of Public Health & Environment) 15. 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. (Department of Public Health & Environment) 16. 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. (Department of Public Health & Environment) 17. 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. (Department of Public Health & Environment) 18. 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. (Department of Public Health & Environment) 19. The applicant shall comply with all provisions of the Underground and Above Ground Storage Tank Regulations (7 CCR 1101-14). (Department of Public Health & Environment) 20. Adequate drinking water, hand washing, and toilet facilities shall be provided for employees and patrons of the facility. (Department of Public Health & Environment) 21. If required, a stormwater discharge permit shall be obtained from the Colorado Department of Public Health and Environment, Water Quality Control Division for construction activities. (Department of Public Health & Environment) 22. The operation shall comply with all applicable rules and regulations of State and Federal agencies and the Weld County Code. (Department of Public Health & Environment) • Resolution USR-1675 Rusco Land & Cattle Page 9 • • • 23. 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 performed by a registered State of Colorado engineer shall be required. A plan review shall be approved and a permit must be issued prior to the start of construction. (Department of Building Inspection) 24. Prior to release of building permits, a letter from the Windsor -Severance Fire District shall be provided to the Department of Building Inspection indicating whether or not a Fire District permit is required. (Department of Building Inspection) 25. Effective January 1, 2003, Building Permits issued on the proposed lots will be required to adhere to the fee structure of the County Road Impact Program. (Ordinance 2002-11) (Department of Planning Services) 26. Effective August 1, 2005, Building Permits issued on the proposed lots will be required to adhere to the fee structure of the Capital Expansion Impact Fee and the Stormwater/Drainage Impact Fee. (Ordinance 2005-8 Section 5-8-40) (Department of Planning Services) 27. The property owner or operator shall be responsible for complying with the Design Standards of Section 23-2-240, Weld County Code. (Department of Planning Services) 28. The property owner or operator shall be responsible for complying with the Operation Standards of Section 23-2-250, Weld County Code. (Department of Planning Services) 29. The property owner or operator shall be responsible for complying with the Livestock confinement operations Operation Standards of Section 23-4-350 of the Weld County Code. (Department of Planning Services) 30. Weld County personnel shall be granted access onto the property at any reasonable time in order to ensure the activities carried out on the property comply with the Development Standards stated herein and all applicable Weld County regulations. (Department of Planning Services) 31. The Special Review area shall be limited to the plans shown hereon and governed by the foregoing standards and all applicable Weld County regulations. Substantial changes from the plans or Development Standards as shown or stated shall require the approval of an amendment of the Permit by the Weld County Board of County Commissioners before such changes from the plans or Development Standards are permitted. Any other changes shall be filed in the office of the Department of Planning Services. (Department of Planning Services) 32. The property owner or operator shall be responsible for complying with all of the foregoing Development Standards. Noncompliance with any of the foregoing Development Standards may be reason for revocation of the Permit by the Board of County Commissioners. (Department of Planning Services) Page 1 of 1 Esther Gesick From: mike [mister6@slbbi.com] Sent: Tuesday, February 24, 2009 2:13 AM To: Esther Gesick Cc: William Garcia; Dave Long; Douglas Rademacher; Barbara Kirkmeyer; Sean Conway Subject: Case #USR-1675 Attachments: RuscoWeldCountyCommissionerletter22409.doc Please include the attached document into the case record for case #USR-1675, Rusco Land & Cattle feedlot expansion proposal. Thank you. Mike Schelm 2/24/2009 • • • From: Mike Schelm 660 Maple Ave. Eaton, CO 80615 To: Weld County Commissioners Bill Garcia, David Long, Douglas Rademacher, Barbara Kirkmeyer, and Sean Conway February 24, 2009 Subject: Case #USR-1675, proposed Rusco Land & Cattle feedlot expansion Dear Commissioners, I would like to take this opportunity to share with you some of my thoughts and observations regarding the proposed Rusco Land & Cattle feedlot expansion which you are scheduled to hear at 10 A.M. on Wednesday, February 25th. > The existing Rusco feedlot is already an odor nuisance. I own property and reside in Eaton. The Rusco feedlot property is approximately 1.3 miles northwest of my property. This past summer and fall, I experienced highly - offensive feedlot odors on a persistent basis. The odors prevented me from opening the house windows in the evenings to let fresh air in. I had to pay the additional cost of operating an air conditioner because of the inability to open windows. Even with the air conditioner running and the windows closed, it was not unusual to detect feedlot odors inside my home. The feedlot odors made it difficult to enjoy my property. Clothing often couldn't be hung out on the line to dry. I was apprehensive to plan social activities after receiving visitor complaints about the odors. Yard work and other outdoor relaxation activities were also limited by the presence of offensive feedlot odors. • • • > The Eaton Town Board has failed to accurately represent the level of opposition Town residents have to the feedlot expansion. At the January 15`h Eaton Town Board meeting, Mayor Moser informed attendees that 70% of the Eaton residents who contacted the Town were opposed to the feedlot expansion. Also at the meeting, public input from attendees resulted in a similar percentage of opposition. However, at the Weld County Planning Commission meeting held on Feb. 3rd, Town Manager Gary Carsten contradicted the will of the majority of concerned Eaton residents by presenting a "neutral" stance to the feedlot expansion. > The Eaton Town Board has been very inconsistent in its stated position towards the proposed feedlot expansion: At the December 18th Town Board meeting, Trustees narrowly voted down a measure to "strongly oppose" the feedlot expansion. Later in the same meeting, Trustees authorized the Town Manager's office to compile a presentation to the Weld County Planning Commission stating that the Town of Eaton was formally "opposed" to the feedlot expansion. At the January l5`h Eaton Town Board meeting, Trustees reconsidered the motion to "strongly oppose" the feedlot expansion. The motion to reconsider was a tie amongst the Trustees, and Mayor Moser cast the tie -breaking vote against reconsideration. Therefore, I assumed the Town would fall back on its previously -publicized position "opposed" to the feedlot expansion. They did not. Instead, the Eaton Town Manager presented a "neutral" feedlot expansion position at the Weld County Planning Commission meeting on Feb. 3"' Myself and others who are opposed to the feedlot expansion feel the Town of Eaton betrayed our interests by • • • changing their stance from "opposed" to "neutral" arbitrarily. ➢ No site odor analysis was performed to determine the effect of feedlot odors on surrounding property owners. At the Weld County Planning Commission meeting on Feb.3`d, Rusco consultant Tom Haren was asked if a site odor analysis had been undertaken. Mr. Haren responded that it had not. He stated that it is his normal business practice to perform an odor analysis for feedlot expansions, yet he offered NO VALID REASON why he did not pursue one at the Rusco site. PLEASE ASK WHY! There are roughly 4,000 Eaton residents in very close proximity to the feedlot. With the prevailing winds in our area and the fact that the feedlot lies directly northwest of Eaton, it would be irresponsible for the feedlot owner to proceed with such a large expansion without first performing a site odor analysis. ➢ Expanding the Rusco feedlot would result in very limited new economic benefits for the area. There will be no new structures, no new buildings, and no new employees. The feedlot owner operates several cattle feeding operations within a 5 -mile radius of Eaton. If the Rusco expansion is approved, the feedlot owner will simply shift cattle from other feedlots to the feedlot northwest of Eaton. Therefore, it appears that the expansion proposal is simply a matter of convenience, and not a matter of necessity. ➢ The Rusco feedlot has historic significance in the area. However, the feedlot is currently an operating feedlot with a capacity of 4,500 head of cattle. No one has suggested that the feedlot be disbanded. Regardless of your decision to allow or deny the expansion, the historic significance of • • • the feedlot will be unaffected. If the expansion is denied, the feedlot will continue to operate as normal. ➢ I have phoned in odor complaints to the Weld County Health Dept. regarding the Rusco feedlot. The reason I bring this to your attention is because the feedlot consultant, Mr. Haren, has repeatedly stated in local and county meetings that there have been no "registered" odor complaints with the Rusco property. There is a simple explanation for this. When I contacted the Health Dept last year, I was told to contact my local municipality for assistance. I feel as if the default response from the Health Dept has been to deflect odor complaints instead of addressing them. ➢ The Rusco feedlot appeared to be virtually abandoned for years. I moved to Eaton in 2002. At that time, and for some time afterwards, there were no detectable odors from the feedlot. I drove by the feedlot on multiple occasions. There were no cattle or humans in sight and no visible traffic in the area. This might explain why there is a historical lack of odor complaints with the facility — it was either abandoned or operating at minimal capacity for several years. ➢ I am worried about my community. The Rusco feedlot is already producing highly offensive, persistent odors inside the town limits of Eaton. If the feedlot is allowed to double in size to 9,000 head of cattle, I believe the odor problems will be devastating to property values and quality of life in Eaton. We're already facing real estate headwinds with the economic downturn, and persistent feedlot odors are a major deterrent to potential residents looking to relocate. Many people throughout the state and the country are familiar with the stigma that the City of Greeley still faces • • today because at one point in time they had a large feedlot northwest of town which caused persistent, offensive odors. I don't want my community to face a similar stigma. ➢ Please consider this: Allowing 9,000 head of cattle to occupy the Rusco feedlot 1.3 miles northwest of my home in Eaton would be the equivalent of allowing 9,000 head of cattle to occupy the Island Grove Performance Arena, which is 1.3 miles northwest of the County Commissioner's Hearing room. Would you want to open the windows for some "fresh" air? ➢ The common theme among the majority of concerned residents in the area is opposition to the feedlot expansion. 70% of the Eaton town residents who contacted the Town were opposed to the feedlot expansion. Roughly the same percentage of Eaton residents who spoke at the January 15`h Town Board meeting were opposed to the feedlot expansion. 76% of the people who contacted Weld County Planner Chris Gathman were opposed to the feedlot expansion. I have a great deal of respect for the agricultural community. I've previously worked at a large cattle feedlot and a large hog operation. I realize how vital agriculture is to our food supply. However, the Rusco feedlot is already an odor nuisance because of its proximity to Eaton. It is simply too close to me and thousands of other Eaton residents to be allowed to double in size. As a property owner and resident of Eaton and Weld County, I'm asking you to protect my property value and quality of life by voting against the proposed feedlot expansion. Thank you for your time. • Mike Schelm • • • Jennifer VanEgdom From: Sent: To: Cc: Subject: Chris Gathman Tuesday, February 24, 2009 11:37 AM Esther Gesick; Jennifer VanEgdom Troy Swain FW: Status of USR-1675, Rusco Land and Cattle Some more correspondence from the Colorado Division of Water Resources for USR-1675. Original Message From: Deatherage, Jeff [mailto:Jeff.Deatherage@state.co.us] Sent: Tuesday, February 24, 2009 10:33 AM To: Chris Gathman Subject: RE: Status of USR-1675, Rusco Land and Cattle Chris, I am replying to your voicemail regarding the Rusco Feedlot. The referral indicated that the feedlot is supplied water by the North Weld County Water District and the referral also referenced well permit no. 145344. Unless well permit no. 14534-R is included in a water court approved plan for augmentation, this well cannot be pumped for any existing or new uses. I am not aware of a plan for augmentation for this well, thus the well cannot be pumped at this time. I hope this information is helpful. If you have additional questions, let me know. Thank you, Jeff Jeff Deatherage, P.E. Colorado Division of Water Resources 1313 Sherman Street, Room 818 Denver, CO 80203 303-866-3581 303-866-3589 fax • • • From: Deatherage, Jeff Sent: Tuesday, January 27, 2009 4:52 PM To: 'cgathman@co.weld.co.us' Subject: Status of USR-1675, Rusco Land and Cattle Chris, I wanted to see if I could check the status of the livestock confinement operation that we sent a comment on back in October 2008. The water supply was described as being provided by a water tap from North Weld County Water District and from a well, permit no. 14534-R. I wanted to see if you could confirm if the well was still going to be used to supply water to the operation. If the well will be operated, it must be included in a plan for augmentation, however it does not appear that the well is in an augmentation plan. Thank you for your help with this. Jeff Jeff Deatherage, P.E. Colorado Division of Water Resources 1313 Sherman Street, Room 818 Denver, CO 80203 303-866-3581 303-866-3589 fax 2 FEB-24-2009 TUE 02:27 PM WELD COUNTY PLANNING 82/24/2009 09:25 976-395-6997 FAX NO. 970 304 6498 P. 02 N3RTH WEIR WATER PAS al/el BOARD OP DIRECTORS CHARLES ACHZIGER RALPH PRIOR JOHN JOHNOON CE BUCK RINEHART NEtS NELSON February 24, 2009 NORTH WELD COUNTY WATER DISTRICT P247 HIGHWAY 85 • LUCERNE, CO 80546 DON POSSELT, DISTRICT MANAGER P.O. BOA 66 • PHONE ilo) 3587620 • PAX CVO) 895.0697 Nww.l,w:wing • yowl wetet(61rsIAL4r0 Weld Department tinning Servicoe At Clin• Gatbma . 91810t Street Oteeiey, CO 10631 Re: Roan Land tit Cagle U$R for 9,000 bead of oatle liventoddSdin6 operation North Weld County Water District be received *request Sr additional water invite on February 10, 2009 from RuecoLend & Cattle Conaway. toto 150 f t enapetnt% & Rune LeadCattle Company Is taunting ae pilone per minute mean= flow rate to provide Pass freedom controls menu - North Weld County Witter Dim14ha parfoeutad a hydtdie analyse aid can provide the specified flow reta To provide the increased usage tithe the meter location will bye to be moved to the mirth and lithe feedlot ad conned into an mdadag 6" diameter wstarlhte or awatedme cite toe to be extended to the arching mapx location at the residua of 37905 WCR 35. Additionally. Rtsco Land it Cagle will be requited to pay additional Plant Intestate. Distance, iiflasauctme Falaorrement and Meat Sat Fee. Thane fees argot Its determined until Risen Laid & Cattle and North Weld County Water District have agreed to a meter Ironton and/or Nadine eateidoe. North Weld Comity Water Alain wants to make it clatthat the fllalet Is arty pmvidiog water for the duet control � wits sad the water supplied byes District will not be la the livestock. If Lad de Carte daites water eervke foc the livestock opaadws, the Dianna could provide rah watt reapply. The Maim admits that the water supply would require flow am ranging fl® 230 villas per muse m 380 pace per minute. Them higher flow rates would moire abated offabe it6ekuctae to be constmeted which would consist ea mile of 8" diameter pipe from the fmerreadoa Of WCR 76 tit 35 to WCR 78 & 35. This would connect the 6" diameter watabne in WCR 78 to a 20" diameter waterline in WCR 76. If you have any additional cretin®, don't hesitate to coated me et (970) 356-3020. Shseetuly, .=EST-� AlanOvdmi District Engineer North Weld County WaterDlaMet • t • • • PLANNING COMMISSIONERSSIGN POSTING CERTIFICATE THE LAST DAY TO POST THE SIGN IS JANUARY 18, 2009 (sign reposted February 13, 2009). THE SIGN SHALL BE POSTED ADJACENT TO AND VISIBLE FROM A PUBLICALLY MAINTAINED ROAD RIGHT-OF-WAY. IN THE EVENT THE PROPERTY BEING CONSIDERED FOR A SPECIAL REVIEW IS NOT ADJACENT TO A PUBLICALLY MAINTAINED ROAD RIGHT-OF-WAY, THE DEPARTMENT OF PLANNING SERVICES SHALL POST ONE SIGN IN THE MOST PROMINENT PLACE ON THE PROPERTY AND POST A SECOND SIGN AT THE POINT AT WHICH THE DRIVEWAY (ACCESS DRIVE) INTERSECTS A PUBLICALLY MAINTAINED ROAD RIGHT-OF-WAY. I, CHRIS GATHMAN, HEREBY CERTIFY UNDER PENALTIES OF PERJURY THAT THE SIGN WAS POSTED ON THE PROPERTY AT LEAST TEN DAYS BEFORE THE BOARD OF COMMISSIONERS HEARING FOR USR-1675 IN THE AGRICULTURAL ZONE DISTRICT. Chris Gathman Name of Person Posting Sign f //k) > 4:1,1 Signature of Person Posting Sign STATE OF COLORADO ) ss. COUNTY OF WELD C.. The foregoing instrument was subscribed and sworn to me th`iss '— day of WITNESS my hand and official seal. k--.? ist )-)17,, Notary Public My Commission Expires (to-MIu ,2009. BILLIE J. MOORE NOTARY PUBLIC STATE OF COLORADO • • 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. (24 25. • The following individuals are residents of the Town of Eaton, Colorado and OPPOSE the expansion of the Ruscoe Land and Cattle feed lot located at C.R. 78 and C.R. 35. 1. 2. 3( 4. 5. 6. 7. Name c")1.2 nA.-v7 4c1d s Telephone Number �� tc:vlTh C110 -CM- i 3 g ip �/ rY C C17 u 5/51/ 3-61-'15- 70 4h �.ie `12O- g7sf-,s8'7 Icy` %-1-#/�€.i •\ ;2-d-4 C —v t(7t,-1',C>?r_ c4r, 7,z12 .) 7 ( g c! 8. R-,. Gtr e<>' \_ ,?_45,,,." 9 /a te.oc' 9. O A\ek..* ( t Cal -2-2S'et 10. /~(/U1/U1< CitliAr /66 t ,c,9c %ntIL. Sg-/P 1. �--� 12. '.__r le S(ib-3 ugL-1 13. 1 i� UPI FJt� > Cako lie ` --135 etaLi 60c, )40e. 4'f-+rt( IaliSW 12Nn 11 P.G>fi sn t� icy, G Y6U311R f5.,. 3z Y.-- 53ffiC L%- Iir-tars 32/-&&77 (170-<71- 3c( /3G') Sit./„u0-1�'g/ /10741 / 9?C q5`r-7439 4 P C ta tali (.7 � 1 66k141 gcrtuatL 70 >S90 ZE7S 638/4hittkAs4kr � uoet • • The following individuals are residents of Town of Eaton, Colorado and OPPOSE the expansion of the Ruscoe Land and Cattle feed lot located at C.R. 78 and C.R. 35. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17 18. 19. 20. 21. 22. 23. 24. 25. • Name Address Telephone number CD kin cyan /L//5 fiatkj e �� CD ��15 5S/ z / �� ✓� pV / �SC /f'lui�577vci i7P-P:7/ c4 c;' FoC/S/ 5r/-7v./`l YSS gin �.,�� e fl/s 35-.;-y776..„ l � J U5Hei504eliz,a '?C*s j c 54 -55t1C C el3tn O u2i D,�/u' i 3 1 plra, �wC"��,:; + =coon CD YI.L^ i \ L( -I b l ei A t i Shy 1 1'23C 3' n Wit, f c �rm (0 �Ck I5 5 /SBS C\-- )6. i 33( A.,,cCc I\e-c 6- 9-l0 (1'Le 2/p c,/ (JGit -PI Cic,,) 7v -3c -/-Z L/4,,'v,/1". 277 rice/7 (ty,rr 76 cA 5 7a -erg/ 'r ,- `//y`( et/4nk r4- te7-7 fames x(77A s r -s 1'ni�C Sckci1r1 Cott() 1'k. AVe-. L-t" Co ,;.p 5y. Y734 A /7/ i � 11, k;n 17<i/ 4)1,%1 51 57/2 i. 'tra(✓ 4/5q 233 a L -L) IS -E -V=14 J> c� Ctut__Ci: a2 <i ,/ � sic T g /995-� '/ ,C1 (C 4, -y-j5 79 h LCN:\ Sc. c\ ENCn,cA) \-5tour) fl/ /voss N' ale 4c1.1-214, 2_ /4-G-er 0, PA -e /L-01 i I u �� . oJon ry(5 u 43" 'hlA✓ cti�� t,= /05 5/11 �-arr� 115`/,;3�5' / 3(7/11)///i/I/ 1 L /✓"Iz X 396 71 6 • • • The following individuals are residents of Town of Eaton, Colorado and OPPOSE the expansion of the Ruscoe Land and Cattle feed lot located at C.R. 78 and C.R. 35. Name Address Telephone number 1. % ti c A1y}e"n 5 /?S'‘i°��,Ys ��. 47,<47- 3S 5' y 2. fl {-ivi-0k(wrackc, ;35(6 2IkrnS Cf '-(5ci- 35q 3. np4 -7 n:. r -.1(,) P'tu - � Us/i -= G `7 4. c..,,ti s1i (355 ()lalns Er 9SLI -a(0 a 5. bJ h Dc S t V iJ 'Pk i n S I (-15 ki -.)-(e 3.1 6. i� 17771-'� _ /L /�% ) 7. Sll7i 12tjail tfcut rr/ce CC/ -313 -3SI/ 39 727S/7 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. 24. 25. SITE SPECIFIC DEVELOPMENT PLAN SPECIAL REVIEW PERMIT Rusco Land & Cattle LLC DEVELOPMENT STANDARDS USR-1675 A Site Specific Development Plan and a Special Review Permit for a Livestock Confinement Operation (feedlot for a total of 9,000 head of 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 subject to the Development Standards stated hereon. (Department of Planning Services) 2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of the Weld County Code. (Department of Planning Services) 3. The facility will operate during daylight hours. Equipment operations, trucks, farming activities and maintenance activities, other than emergencies, will occur during daylight hours. (Department of Planning Services) 4. The total number of on -site employees shall be limited to five (5). (Department of Planning Services) The facility shall operate in compliance with Colorado Water Quality Control Commission Regulation Number 81 and 61. (Department of Public Health & Environment) 6. 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. (Department of Public Health & Environment) • • 7. Any 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. (Department of Public Health & Environment) 8. The facility shall be operated and maintained in a manner to prevent nuisance conditions and operated in accordance with their current approved Management Plan for Nuisance Control. Because of the close proximity of existing residences that rely and utilize alluvial ground water, the applicant is required to develop a comprehensive alluvial ground water monitoring plan that includes characterization of the existing aquifer gradient, the water quality of the aquifer including the following: i. Total coliform ii. Nitrate iii. Nitrite iv. SAR v. Phosphate The applicant shall also develop a monitoring plan that is demonstrative of the identification of any future increases in background contaminates to the alluvium resulting from the land application of nutrients (both solid and liquid) and seepage from the proposed retention pond, and a plan to proactively and aggressively mitigate this aquifer quality degradation. EXHIBIT 9. The facility shall control fugitive dust on this site and install and operate (as necessary) a water sprinkler system to control dust from pens. The facility shall be operated and maintained in a manner to prevent nuisance conditions and in accordance with their current approved Management Plan for Nuisance Control. The applicant shall demonstrate that they have sufficient and legal water available for dust suppression and all other requirements of the operation. Written evidence of such shall be provided to the Department of Planning Services. (Department of Planning Services). The applicant must provide proof that the water supply includes a legally decreed water supply and demonstrate that the water supply is operationally adequate in both total volume and flow rate to satisfy all water requirements including drinking water for cattle and water for dust control and suppression. The applicant shall address the requirements of the Office of State Engineer — Division of Water Resources as stated in their referral dated October 29, 2008. Written evidence, in the form of a Division I Water Court decree, shall include a Plan for Augmentation and appropriate use and any necessary change of water rights to use well 14534. In addition, the applicant must provide evidence that the present use of the subject well is legal and complies with the conditions of the well permit and Water Court Decree. Finally, the applicant must also provide contractual evidence of adequate water supply from the North Weld Water District in both volume and flow rate during peak operational demands during the summer months. 10. 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 and 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. (Department of Public Health & Environment) 11. 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 and 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. (Department of Public Health & Environment) 12. The facility shall be operated in a manner to control odors. The facility shall be operated in accordance with the 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 and 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. See condition 9. (Department of Public Health & Environment) 13. 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. In no event shall the facility impact or degrade waters of the State in violation of Colorado Water Quality Control Commission Regulation Number 81. See condition 9. (Department of Public Health & Environment) • • • 14. 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. (Department of Public Health & Environment) • 15. 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. (Department of Public Health & Environment) 16. 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. (Department of Public Health & Environment) 17. 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. (Department of Public Health & Environment) 18. 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. (Department of Public Health & Environment) 19. The applicant shall comply with all provisions of the Underground and Above Ground Storage Tank Regulations (7 CCR 1101-14). (Department of Public Health & Environment) • • Adequate drinking water, hand washing, and toilet facilities shall be provided for employees and patrons of the facility. The applicant shall address the requirements of the Office of State Engineer — Division of Water Resources as stated in their referral dated October 29, 2008. Written evidence, in the form of a Division I Water Court decree, shall include a Plan for Augmentation and appropriate use and any necessary change of water rights to use well 14534. In addition, the applicant must provide evidence that the present use of the subject well is legal and complies with the conditions of the well permit and Water Court Decree. Finally, the applicant must also provide contractual evidence of adequate water supply from the North Weld Water District in both volume and flow rate during peak operational demands during the summer months. (Department of Public Health & Environment). 20. If required, a stormwater discharge permit shall be obtained from the Colorado Department of Public Health and Environment, Water Quality Control Division for construction activities. (Department of Public Health & Environment) 21. The operation shall comply with all applicable rules and regulations of State and Federal agencies and the Weld County Code. (Department of Public Health & Environment) 23. 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 performed by a registered State of Colorado engineer shall be required. A plan review shall be approved and a permit must be issued prior to the start of construction. (Department of Building Inspection) 24. Prior to release of building permits, a letter from the Windsor -Severance Fire District shall be provided to the Department of Building Inspection indicating whether or not a Fire District permit is required. (Department of Building Inspection) 25. Effective January 1, 2003, Building Permits issued on the proposed lots will be required to adhere to the fee structure of the County Road Impact Program. (Ordinance 2002-11) (Department of Planning Services) 26. Effective August 1, 2005, Building Permits issued on the proposed lots will be required to adhere to the fee structure of the Capital Expansion Impact Fee and the Stormwater/Drainage Impact Fee. (Ordinance 2005-8 Section 5-8-40) (Department of Planning Services) 27. The property owner or operator shall be responsible for complying with the Design Standards of Section 23-2-240, Weld County Code. (Department of Planning Services) 28. The property owner or operator shall be responsible for complying with the Operation Standards of Section 23-2-250, Weld County Code. (Department of Planning Services) 29. The property owner or operator shall be responsible for complying with the Livestock confinement operations Operation Standards of Section 23-4-350 of the Weld County Code. (Department of Planning Services) 30. Weld County personnel shall be granted access onto the property at any reasonable time in order to ensure the activities carried out on the property comply with the Development Standards stated herein and all applicable Weld County regulations. (Department of Planning Services) 31. The Special Review area shall be limited to the plans shown hereon and governed by the foregoing standards and all applicable Weld County regulations. Substantial changes from the plans or Development Standards as shown or stated shall require the approval of an amendment of the Permit by the Weld County Board of County Commissioners before such changes from the plans or Development Standards are permitted. Any other changes shall be filed in the office of the Department of Planning Services. (Department of Planning Services) 32. The property owner or operator shall be responsible for complying with all of the foregoing Development Standards. Noncompliance with any of the foregoing Development Standards may be reason for revocation of the Permit by the Board of County Commissioners. (Department of Planning Services) S • • • V J J Gni ElmJ co V o6 ma i co J O N cC O a) a) LL C 4-1 O CI eti Ri in CO r Cl) M Applicant: Rusco Land & Cattle, LLC O J J Co C 0 . co 0 ir 0 O Q O U 0 O O E O) C o i co)� co O co O) O on qt • • • u H a) a- 0J CC a--+ .E O L CL a Co •2 -a0 N N 4-- O O co •- O N O �U O X2 •i c c Na O N D •- = v = Cr O L_ co co a x O Q w I— A A A ➢ +/- 40 acres in USR boundary N co Co O A • • • Request (Cont.) ished ti 1940 co +-, w G- ➢ Modernization to Latest Standards cn O L 4-.+ C O U C ro ft -o to cn a) E _O a) > a) a Q A co 0 L. a a Q 4- 4- v) A co > 0 L a a a C O V) V) E E O U 4A c C CO CL tan 0 E .C co C D A • • 0 C tiO CU c E IP N ba a) .N ro H N co s O 8 N 2 CI. � T2 ; o = Sm ° ° > a C �J � � A A Oa CO V a a ➢ Producers Livestock ➢ Reduced traffic & >- L 4a CD o � N U `- L._N U to i N CO LL — LL -..0 CO N .≥ 0 SCD N Ot% CU cn CO 0 41. cm A A 4J CO E in 5 mile radius CD c.. • • • • U co u.., 0 • 1-41 (1) • J ?: • • • • V AGPROfessionaos, LLC • • • CU .N 0) > tit CO 0) CC Comparison of Operations C U a v C O O O CS O tn o c c a u0 ccco0--co i_ o c o O,O O O O. 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U J J iU U vi 0 -0 o c 'cn w J N O o it � ct O ` ca O U U 0_ 0_ O U C O E 0) O J �o ( Co p co co flan Mac COLORADO Weld County Planning Department MEMORANDUM GREELEY OFFICE DEC i9 ?nog TO: Lin Dodge, Planning Services DATE iEA7 'ED FROM: Clay Kimmi, P.E., CFM, Public Works oar SUBJECT: USR-1675 Rusco Land & Cattle Grading Permit Weld County Public Works received a grading permit submittal from AGProfessionals, LLC concerning USR-1675 Rusco Land & Cattle Producer Feedlot. The grading permit appears to be acceptable to Public Works and the grading permit can be released. Original & Email: Lin Dodge, Planning Services PC: USR-1675 CC: Chris Gathman, Planning Services Page 1 of I M:\PLANNING — DEVELOPMENT REVIEW\USR-Use by Special Review\USR-1675 Rusco Land & Cattle \USR-1675 Grading Permit Release Memo 12-7-09.DOC acoa- 00q -Paco 1 Weld County Planning Department GREELEY OFFICE a f 110€ MEMORANDUM Nov 3 17m1q RECEIVED TO: Chris Gathman, Planning Services DATE: November 30, 2009 FROM: Clay Kimmi, P.E., CFM, Public Works C6,e COLORADO SUBJECT: USR-1675 Rusco Land & Cattle Grading Permit Weld County Public Works received a grading permit submittal from AGProfessionals, LLC concerning USR-1675 Rusco Land & Cattle Producer Feedlot. The grading permit cannot be released until all comments have been addressed and accepted by Weld County Public Works. NOTE: If phase one and phase two are not completed within a year of each other, a new grading permit will be required. 1. A detail for the straw bale installation needs to be added and the legend needs to be updated to show the symbol for straw bales. If no straw bales are going to be used, the symbol needs to be removed from the map. 2. Installation and maintenance notes must be added for each BMP. Follow the UDFCD examples for typical installation and maintenance notes. 3. The labeling for cross sections 3A & 3B needs to be changed to be consistent with the language shown in the plan view. 4. A cross section detail needs to be added showing the channels between the West Pond and the East Pond. Original & Email: PC: CC: Chris Gathman, Planning Services USR-1675 Lin Dodge, Planning Services Travis Hertneky, AGProfessionals Rusco Land & Cattle LLC, Applicant Page - 1 - of 1 August 7, 2009 M:\PLANNING — DEVELOPMENT REVIEW \ USR-Use by Special Review \USR-1675 Rusco Land & Cattle \USR-1675 Grading Permit Comments I I-30-09.DOC Chris Gathman From: Sent: To: Subject: Tim, Chris Gathman Monday, October 12, 2009 8:35 AM 'Tim Naylor' USR-1675 (Rusco) I received a letter from North Weld Water. I reviewed the plat and there is only 1 minor detail that needs to be added: * The Access Plan does not exactly match the exhibit provided by your office dated 7/23/2009 (the existing ditch access is not shown and the distances between this access and the dairy accesses to the north and south are not shown). Once the changes have been made to match the access exhibit. The mylar can be prepared and you can submit for recording (I do not need to review another paper copy. Sincerely, Chris Gathman Planner III Weld County Department of Planning Services 918 10th Street, Greeley, CO. 80634 Ph: (970)353-6100 ext. 3537 Fax: (970)304-6498 1 BOARD OF DIRECTORS CHARLES ACHZIGER RALPH PRIOR JOHN JOHNSON CE BUCK RINEHART NELS NELSON October 7, 2009 Weld County Department of Planning Services Attn: Chris Gathman 918 10th Street Greeley, CO 80631 NORTH WELD CWNTY WATER DISTRICT 33247 HIGHWAY 85 • LUCERNE, CO 80646 DON POSSELT, DISTRICT MANAGER P.O. BOX 56 • PHONE (970) 356-3020 • FAX (970) 395-0997 www.nwcwd.org • e-mail: water@nwcwd.org Weld County Planning Department GREELEY OFFICE OCT R4 if ' ECEI VED Re: Rusco Land & Cattle USR for 9,000 head of cattle livestock / feeding operation North Weld County Water District has continued conversations with Rusco Land and Cattle and AgPro (Agent for Rusco Land and Cattle) with regards to the livestock expansion and available water service. The District currently provides a'A" water service which at most could supply approximately 1,000 head of livestock. Rusco Land and Cattle has been made aware that the existing water service will not provide enough water for the additional expansion of the feedlot. Rusco Land and Cattle is continuing to investigate phasing plans and will coordinate additional water service with North Weld County Water District as the feedlot is expanded and/or if additional water service is necessary. North Weld County Water District has a pipeline located in the WCR 76 Right -Of -Way that has available capacity to supply all or a portion of the 9,000 head feedlot. However, Rusco will have to coordinate with the District for the extension of a waterline from WCR 76 to the property if necessary. If you have any additional questions, please contact me at (970) 356-3020. Sincerely, Alan Overton North Weld County Water District 's Chris Gathman • • From: Sent: To: Subject: Tim, Rusco: Chris Gathman Monday, September 21, 2009 10:58 AM 'Tim Naylor' RE: Rusco USR, Stromo Plat I spoke with Alan Overton from North Weld Water re: Rusco. I was just waiting on getting something in writing from North Weld County Water District re: your discussion/understanding with them re: the phasing of water improvements. This is the only remaining condition for Rusco. Stromo: 1) We need a letter stating that Big Boy Manufacturing has been located and where Big Boy Manufacturing has been moved to. (As discussed in our meeting with you) staff did not agree to record the plat if Big Boy Manufacturing was still operating on the site unless a Use by Special Review Permit has been applied for. I believe Bethany Salzman sent you an e-mail re: this. 2) A portion of the Stromo plat (indicated as equipment storage area which no longer is needed) is not on the same parcel as the rest of the Stromo site. Per our discussion with you at the meeting it was our understanding that you were going to revise the boundaries of the Stromo plat to remove this (so that you avoid having to do a partial vacation plat of the USR). Sincerely, Chris Gathman Planner III Weld County Department of Planning Services 918 10th Street, Greeley, CO. 80634 Ph: (970)353-6100 ext. 3537 Fax: (970)304-6498 Original Message From: Tim Naylor [mailto:tnaylor@agpros.com] Sent: Wednesday, September 16, 2009 9:26 AM To: Chris Gathman Cc: Tom Haren; Don Anderson; Olivia Cain Subject: Rusco USR, Stromo Plat Chris Can you tell me the status of the Rusco USR conditions of approval? Also, what is the status of recording the final plat for Stromo? I would like to finalize both of the as soon as possible. Thanks Tim Naylor AGPRofessionals, LLC 4350 Highway 66 Longmont, Colorado 80504 (970)535-9318 (970)535-9854 fax tnaylor(aagpros.com • • Chris Gathman From: Chris Gathman Sent: Thursday, September 03, 2009 8:36 AM To: 'Tim Naylor' Subject: RE: Rusco Land and Cattle Attachments: 062409099.jpg p g Tim, Sorry for the delay. I got the O.K. From Janet Carter on the access changes. All items have been addressed with the exception of two things: 1) If there are oil and gas drilling windows that are present on the site (they shall be indicated per condition 1.A.3) - I am not sure that there are any given the fact that there are two existing wells on site. 2) RE: condition 1.I - You address dust compression but not water for the livestock. Your letter indicates that a 3/4" tap is being used to water the livestock. The 2/24/2009 letter from North Weld Water (see attachment) indicates additional infrastructure would be required to provide water for livestock. Has this been addressed? Sincerely, Chris Gathman Planner III Weld County Department of Planning Services 918 10th Street, Greeley, CO. 80634 Ph: (970)353-6100 ext. 3537 Fax: (970)304-6498 Original Message From: Tim Naylor [mailto:tnaylor@agpros.com] Sent: Tuesday, September 01, 2009 3:55 PM To: Chris Gathman Cc: Olivia Cain; Don Anderson Subject: Rusco Land and Cattle Chris Can you let me know if there is anything further that we need prior to recording the plat or can we submit a mylar plat for recording? Thanks Tim Naylor AGPROfessionals, LLC 1 MEMORANDUM COLORADO TO: PA09-092; Case File, pre -application DATE: August , 2009 FROM: Kris Ranslem, Planning Technician SUBJECT: Pre -Application Meeting prior to submitting Amendment to USR-602 Attendees: Tim Sharp, Applicant Donna Sharp, Applicant Don Carroll, Public Works Lauren Light, Environmental Health (via phone) Kim Ogle, Planning Chris Gathman, Planning Kris Ranslem, Planning On Friday, August 28, 2009 an informal discussion took place at the Greeley Administrative Offices Conference Room regarding a proposed addition to the machine shop. (The legal description is NE4 of Section 34, T5N, R65W of the 6th P.M.; Situs Address is 21588 CR 52) Background Information: USR-602 was approved for the site in 1984 for an oil and gas services construction yard. In 2003 the applicants approached Weld County if any further permits were necessary to change the indoor arena into a powder coating business. At that time the applicants were informed that as long as they were still operating it for the oilfield or energy business there would be no additional permits. The applicants are now requesting a 40 x 60 addition be added to the machine shop due to the increased demand as well as a better working environment. They hope to operate out of this addition by December 1, 2009. In addition, the applicants are proposing a 95 x 95 building adjacent to the addition and ultimately connect the two buildings for a smoother operating system. They do not intend to build this until next year. The applicants currently have 7 employees but would like to request an additional 10 due to the increased growth. Health Department Upon research of staff files, there is a vault for the shop which is sized for 7 people. In addition there is a septic system sized for 8 people for the mobile home. No septic system was found for the home; therefore a Statement of Existing would be required for the home. Central Weld County Water District provides water to the house and an adjudicated well provides water for the livestock and landscaping needs. Staff requested that the applicant research if there is an Air Pollution Emission Notice permit for the facility. They may contact the State Department of Health Air Quality Division at 303-692- 3100 to verify if they have one or need one. The applicants stated that they have inspectors out to the facility all the time to ensure all rules and regulations are followed. Public Works No more accesses will be granted to the site. A Site Plan identifying the parking, traffic circulation and drainage will be required. The applicants indicated that they have drawings which show the drainage and current layout of the site and would be happy to provide those. Planning Department There is also a mobile home located on the property. The applicants indicated that they wish to apply for a Recorded Exemption to split off that portion of the property; however they intend to apply for that after the amendment to USR-602 is completed. The mobile home has been vacant for approximately 6 months. The applicants indicated that their daughter intends to live in the mobile home. Upon preliminary research of building files, no building permit was found for the change in use of the indoor arena to the powder coating business. The applicant provided inspection reports for the electrical and gas components. Further research is required. Staff and the applicant agreed for the applicant to bring in the proposed drawings to develop an action plan. End memorandum. 11 Weld County Planning Department GREELEY OFFICE Troy Swain From: Sent: To: Cc: Subject: Travis: Troy Swain AUG 2 7 ?Ong Wednesday, August 26, 2009 12:34 PM RECEIVED lhenneky@@agpros.com. Chris Gathman; Erin Kress'; Trevor Jiricek; 'tnaylor@agpros.com' USR-1675, Rusco Dalton Feedyard wastewater pond & groundwater levels... The Weld County Department of Public Health & Environment has received your letter and drawing, dated August 20, 2009 for the proposed wastewater impoundment at the Rusco/Dalton Feedyard. The information provided in your letter satisfies prior to recording the plat condition 1.F. of USR-1675. The pond should be able to be constructed in the proposed area with only minor changes to the bottom elevation (changes based on subsequent ground water level readings and any observations made during construction). Based on the information you provided, groundwater may be a design consideration; therefore, the Department requests that you forward us a copy of the "as built" drawings for the impoundment when complete. Based on this submittal and AgPros' June 19, 2009 submittal (by Mr. Tim Naylor), all Health Department related conditions of USR-1675 have been satisfied. Thanks, Troy E. Swain Environmental Health Specialist Weld County Dept. of Public Health & Environment 1555 N. 17th Avenue Greeley, CO 80631 (970) 304-6415, ext. 2219 (970) 304-6411 (fax) 1 e • • Bethany Salzman From: Sent: To: Cc: Subject: Tim Naylor [tnaylor@agpros.com] Tuesday, August 25, 2009 10:21 AM Bethany Salzman Chris Gathman: Kim Ogle; Tom Haren RE: Big Boy Manufacturing Bethany As I indicated in my voice mail, Big Boy Manufacturing is not operating at the RF Holdings site and has never been on the Stromo USR site. Stromo is requesting that the Final Plat be recorded and if you find the Big Boy Manufacturing site out of compliance then a violation should be filed against Big Boy Manufacturing. I will contact Chris Gathman, however, the final plat has been approved and a mylar submitted prior to any concerns of Big Boy Manufacturing. Thanks Tim Naylor From: Bethany Salzman [mailto:bsalzman@co.weld.co.us] Sent: Tuesday, August 25, 2009 8:21 AM To: Tim Naylor Cc: Chris Gathman; Kim Ogle Subject: Big Boy Manufacturing I received your voice mail indicating Big Boy Manufacturing is no longer operating on the STROMO property. As we discussed at our meeting, I will need the following items/information: 1.) A letter from either your office (as the consulting firm) or from STROMO indicating the above. 2.) The new location of Big Boy Manufacturing. You also will want to discuss this with Chris Gathman, I believe we also needed some amendments (that we discussed in that meeting) to be reflected on the plat. Zoning Compliance Officer II 918 10th St Greeley, CO 80631 (970)353-6100 Ext. 3555 (office) (970)304-6498 (fax) bsolzman@co.weld.co.us Please tell us how we're doing: http://www.co.weld.co.us/departments/planning/comp improve comments.cfm 1 • • *4; MEMORANDUM TO: Chris Gathman, Planning Services DATE: August 7, 2009 1111De FROM: Janet Carter E.I., Public Works COLORADO SUBJECT: USR-1675 Rusco Land & Cattle Weld County Public Works received two memos from AGProfessionals, LLC concerning USR-1675 Rusco Land & Cattle Producer Feedlot. The following comments address these memos dated June 19, 2009 and July 23, 2009. June 19, 2009 Memo Condition 1D: The applicant shall address the concerns and requirements of the Weld County Department of Public Works, as outlined in the referral dated October 27, 2008. Written evidence that these concerns have been addressed shall be submitted to the Department of Planning Services. It appears that the condition 1D has been met. Condition 1 E: An access plan for the three (3) accesses to the project site shall be approved by Weld County Department of Public Works prior to recording the plat. Please see comments for the July 23, 2009 memo listed below. Condition 1 L: The applicant shall address the requirements of the Office of State Engineer, Division of Water Resources, as stated in the referral dated October 29, 2008. Written evidence of such shall be provided to the Department of Planning Services. 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 utilized, then evidence of an approved Water Augmentation Plan for the existing well shall be submitted to the Department of Planning Services. Condition 1L was not created by Public Works, the applicant must have made a typo in their memo; Condition 1L still needs to be addressed by the Applicant. July 23, 2009 Memo - This memo appears to address and meet the requirements for Condition 1 E of the resolution. However, the submitted plat does not match the detail provided in the July 23, 2009 memo. - Please show the 60' radii on the plat Please correct the access dimensions on the plat so that they match the memo detail dated July 23, 2009 Page - 1 - of 1 August 7, 2009 M'.\PLANNING — DEVELOPMENT REVIEW\USR-Use by Special Review\USR-1675 Rusco Land & Cattle\080709 Memo.DOC AGPRO COMPLETE LAND & RESOURCE SOk'QIVE© Weld County Planning Department GREELEY OFFICE II it 2 4 9t111Q July 23, 2009 Mr. Chris Gathman Weld County Department of Planning Services 918 10`11 Street Greeley, CO 80631 RE: AMUSR-1675 - Job #2504-05-03 Producer Feedlot AmUSR Dear Chris: The proposed access plans for Producers Feedlot, Dalton Feedyard have been modified from our original submittal on June 19, 2009. The accesses have been modified due to site constraints and the desires of the operators. I have reviewed the proposed access plan dated July 23, 2009 for the Producers Feedlots, Dalton Feedyard. To the best of my knowledge, this plan addresses the requirements requested in the attached e-mail from Janet Carter on April 2, 2009. 1. Public Works requires that an access point to a road is a minimum of 75 feet from other access points including access points to adjacent parcels. Al. There are 3 accesses planned. The two closest accesses at the north end of the facility are 84ft from each other. The southern access will remain as is and is located approximately 220ft from the nearest access to the Dalton property. An existing agricultural irrigation ditch access is located east of WCR 35 approximately 25ft from the existing southern access. As this ditch access is infrequently used, and since no new access will be added to the Dalton property it is requested that Weld County Public Works grant a variance to allow the existing access to remain. 2. Public Works requires that a commercial/agricultural access shall be a minimum distance of 150 feet from an intersection county or state roadway. A2. The nearest county roadway intersection is WCR 35 and WCR 78. The northern edge of the northern access is approximately 465ft south of the centerline of the intersection of WCR 35 and WCR 78. 3. Please list the 60' radiuses for the accesses. A3. All planned accesses are to have a minimum 60ft radius. Please see plot. ENGINEERING, SURVEYING, PLANNING & CONSULTING 4350 Highway 66 , Longmont, CO 80504 970.535.9318 / office 970.535.9854 / fax www.agpros.com r Letter_weld_7-23-09, doc July 23, 2009 Page - 2 - of 2 4. Please dimension the access width at the edge of asphalt and end of the radius curve. A4. The accesses are planned with the fence 30ft from the centerline. This gives the accesses 80ft, and 60ft lane widths and a total width of approximately 160ft and 140 at the edge of asphalt for the accesses. 5. Please dimension the distance between the accesses. A5. Dimensions are shown on plot. Minimum distance between new accesses is 84ft. Sincerely, Travis Hertneky, PE Agricultural Engineer Enclosures: Producers Dalton Fences and Accesses April 2, 2009 e-mail from Janet Carter To the best of my knowledge and ability this plan meets the requirements set forth by Weld County on April 20, 2009 • COMPLETE LAND & RESOURCE SOLUTIONS COMPLETE LAND & RESOURCE SOLUTIONS AGPRO R60. � EXISTTING ACC SS 1 0 PROPOSED FENCE FROM E{ 60FT. RIGHT OF WAY 30FT FROM f 140FF. FUTURE RIGHT OF WAY Producers Dalton FENCES & ACCESSES ±465' TO C OF INTERSECTION OF WCR 35 AND 78 EXISTING EASTERN DITCH ACCESS DATE: 6/19/2009 REV 7/23/2009 SHEET NO. 1OF1 Management Plan For Nuisance Control A Supplement to the Nutrient Management Plan For Producers Feedyard 37905 WCR 35 Eaton, CO 80615 Developed in accordance with Generally Accepted Agricultural Best Management Practices Prepared By AgPro Environmental Services, LLC 4350 Hwy 66 Longmont, CO 80504 April 2008 Revised June 2009 Producers AgPro Environmental Services, LLC Introduction This supplemental Management Plan for Nuisance Control has been developed and implemented to identify methods Producers, will use to minimize the inherent conditions that exist in confinement feeding operations. This supplement outlines management practices generally acceptable and proven effective at minimizing nuisance conditions. Neither nuisance management nor this supplemental plan is required by Colorado State statute or specifically outlined in the Colorado Confined Animal Feeding Operations Control Regulations. This is a proactive measure to assist integration into local communities. These management and control practices, to their best and practical extent, will be used by Producers. Legal Owner, Contacts and Authorized Persons Correspondence and Contacts should be made to: Russ Moss Rusco Land and Cattle, LLC 37905 WCR 39 Eaton, CO 80615 The individual(s) at this facility who is (are) responsible for developing the implementation, maintenance and revision of this supplemental plan are listed below. Russ Moss Owner (Name) (Title) Legal Description The confined animal feeding facility described in this NMP is located at: Part of the East %z of Section 26, T7N, R66W, of the 6th P.M., Weld County, Colorado. 2 Producers AgPro Environmental Services, LLC Air Quality Air quality at and around confined animal feeding operations are affected primarily from the relationship of soil/manure and available moisture. The two primary air quality concerns at dairies are dust and odor. However, the management practices for dust or odor control are not inherently compatible. Wet pens and manure produce odor. Dry pens are dusty. The two paragraphs below outline the best management practices for the control of dust and odors that Producers will use. The manager shall closely observe pen conditions and attempt to achieve a balance between proper dust and odor control. Dust Dust from pen surfaces is usually controlled by intensive management of the pen surface by routine cleaning and harrowing of the pen surface. The purpose of intensive surface management is twofold; to keep cattle clean and to reduce pest habitat. The best management systems for dust control involve moisture management. Management methods Producers shall use to control dust are: 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 Producers 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. A sprinkler system has been designed and constructed for pen dust control and shall be operated with best management practices to mitigate dust. 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 3 Producers AgPro Environmental Services, LLC dangerous to health in the quantities customarily notices around animal feeding operations and fields where manure is spread for fertilizer. Producers will use the methods and management practices listed below for odor control: 1. Establish good pen drainage Dry manure is less odorous than moist manure. The feedlot will conduct routine pen cleaning and surface harrowing to reduce standing water and dry or remove wet manure. 2. Regular manure removal Reduce the overall quantity of odor producing sources. The feedlot will conduct routine pen cleaning and harrowing several times per month. 3. Reduce standing water Standing water can increase microbial digestion and odor producing by-products. Proper pen maintenance and surface grading will be conducted by the feedlot to reduce standing water. The stormwater ponds will be dewatered regularly in accordance with the Manure and Wastewater Management Plan for Producers. No chemical additives or treatments of the stormwater ponds for odor control are planned. Research to date indicates poor efficacy, if any, of these products. 4. Land application timing Typically air rises in the morning and sinks in the evening. Producers will consider weather conditions and prevailing wind direction to minimize odors from land application. If it is determined that nuisance dust and odor conditions persist, Producers may increase the frequency of the respective management practices previously outline such as pen cleaning, surface grading and pen maintenance. Additionally, if nuisance conditions continue to persist beyond increased maintenance interval controls, Producers will install physical or mechanical means such as living windbreaks and/or solid fences to further minimize nuisance conditions from dust and odors. Insects and rodents inhabit areas that 1) have an adequate to good food supply and 2) foster habitat prime for breeding and living. Key practices Producers will use to manage insects and rodents are to first eliminate possible habitat and then reduce the available food supply. Producers will control flies by: Pest Control Insects and Rodents 4 Producers AgPro Environmental Services, LLC 1. Regular manure removal Manure management removes both food sources and habitat 2. Reduce standing water Standing water is a primary breeding ground for insects 3. Minimize fly habitat Standing water, weeds and grass, manure stockpiles, etc., are all prime habitat for reproduction and protection. Reduce or eliminate these areas where practical. 4. Weeds and grass management Keep weeds and grassy areas to a minimum. These provide both protection and breeding areas. 5. Minimize stockpiles or storage of manure Stockpiles of manure provide both breeding and protective habitat. Keep stockpile use to a minimum. 6. Biological treatments Parasitic wasps are excellent biological fly control and are widely used. The wasps lay their eggs in fly larvae hindering fly reproduction. 7. Baits and chemical treatments Due to environmental and worker's safety concerns, chemical treatments are a last line of defense for insect control. Baits and treatments must be applied routinely. However, they are very effective. Rodent control at Producers is best achieved by minimizing spillage of feedstuffs around the operation. Good housekeeping practices and regular feedbunk cleaning, site grading and maintenance are used to reduce feed sources. Rodent traps and chemical treatments are effective control methods and will be used as necessary. In the event it is determines nuisance conditions from pest such as flies and rodents persist, Producers will initially increase the frequency of the housekeeping and management practices outlines previously. Iffurther action is necessary, Producers will increase use of chemical controls and treatments, such as fly sprays and baits and Rodendicide for pest control. 5 AGPRO COMPLETE LAND & RESOURCE SOLUTIONS June 19, 2009 Mr. Chris Gathman Weld County Planning Deprtment 918 10th Street Greeley, CO 80631 Dear Mr. Gathman: This letter is in regards to the Town of Eaton referral letters dated November 4, 2008 and January 16, 2009 in response to the Rusco Land and Cattle, Ltd. (Rusco) Use by Special Review (USR) Permit # 1675 application for the expansion of a livestock confinement operation known as the Producers -Dalton Feed Yard. Rusco acknowledges the concerns of the Town of Eaton and will manage the business in accordance with the USR permit to minimize nuisance. First, the feedlot is not within the existing comprehensive plan area of the Town of Eaton. Second, the feedlot is considered the oldest feedlot in Weld County and can continue to operate at its current capacity as a Use by Right. However, with the expansion, the feedlot will be required to operate under the USR requirements which will include updated facilities and management techniques to minimize nuisances such as odor, flies and dust. Third, the requirement by the Weld County Health Department of a dust suppression system will mitigate the concerns of additional dust. Finally, the traffic concerns will be minimal as there is a bridge over the Town -Boyd Lateral Ditch to keep feedlot traffic onsite and is currently being used. The only feed truck traffic that will use WCR 35 are those trucks delivering feed to a different site. Rusco respectfully submits that this letter will adequately mitigate the concerns of the Town of Eaton. Sincer y, im Naylor Planning Consultant Cc: Russ Moss ENGINEERING, SURVEYING, PLANNING & CONSULTING 4350 Highway 66 - Longmont, CO 80504 970.535.9318 / office 970.535.9854 / fax 0 www.agpros.com AGPRO COMPLETE LAND 8c RESOURCE SOLUTIONS June 19, 2009 Mr. Chris Gathman Weld County Planning Deprtment 918 10th Street Greeley, CO 80631 Dear Mr. Gathman: Rusco Land and Cattle, Ltd. (Rusco) pursuant to the Use by Special Review Permit # 1675 for a livestock confinement operation known as the Producers -Dalton Feed Yard notified all mineral owners and lessees of mineral owners on or under the parcel of land being considered as required by the Weld County Land Use Regulations Section 23-2-260.B.10. There were no negative responses from the mineral owners or lessees with respect to the proposed use of the property. Rusco acknowledges the rights of the mineral owners and agrees to accommodate the mineral owners to the fullest extent possible consistent with their right to develop the mineral estate as regulated by the Colorado Oil and Gas Conservation Commission. The law provides for access to the mineral estate by allowing subsurface owners "reasonable use" of the surface estate. Rusco respectfully submits that this letter will adequately mitigate the concerns of the mineral owners and their access to the mineral estate. Sincerely, im Naylor Planning Consultant Cc: Russ Moss Weld County Planning Department ENGINEERING, SURVEYING, PLANNING & CONSULTING 4350 Highway 66 _ Longmont, CO 80504 970.535.9318 / office 970.535.9854 / fax 2. www.agpros.com AGPRO COMPLETE LAND & RESOURCE SOLUTIONS June 19, 2009 Mr. Chris Gathman Weld County Planning Depilment 918 10th Street Greeley, CO 80631 Dear Mr. Gathman: This letter is in regards to the USR Resolution Condition of Approval item 1.F. for the Rusco Land and Cattle, Ltd. (Rusco) Use by Special Review (USR) Permit # 1675 for the expansion of a livestock confinement operation known as the Producers -Dalton Feed Yard. Rusco will design the waste water ponds to meet the setbacks to water wells and groundwater for new and expanded impoundments required by the Colorado Water Quality Control Commission Regulation 81 (5 CCR 1002-81), Sections 81.8 (6)(a) and (b). If subsequent investigation indicates that seasonably high groundwater is within the regulated setback, the pond will be designed in accordance with Section 81.8 (6)(a)(i) that states " Where the seasonably high ground water level is located within four (4) feet of the bottom of the impoundment liner, the impoundment shall be constructed and maintained in accordance with the design by a professional engineer registered in the state of Colorado that prevents ground water from contacting the impoundment's liner." The pond shall be built in accordance to Section 81.8 (6)(b) as delineated on the plat. Rusco respectfully submits that this letter adequately demonstrates that there shall be sufficient setback from ground water as required by the Colorado Water Quality Control Commission Regulation 81 (5 CCR 1002-81), Sections 81.8 (6)(a) and (b). Sincerely, /Tim Naylor Planningnsultant Cc: Russ Moss ENGINEERING, SURVEYING, PLANNING & CONSULTING 4350 Highway 66 s Longmont, CO 80504 970.535.9318 / office 970.535.9854 / fax - www.agpros.com AGPRO COMPLETE LAND & RESOURCE SOLUTIONS June 19, 2009 Mr. Chris Gathman Weld County Planning Deprtment 918 10`h Street Greeley, CO 80631 Dear Mr. Gathman: This letter is in regards to the USR Resolution Condition of Approval items 1. H and I, for the Rusco Land and Cattle, Ltd. (Rusco) Use by Special Review (USR) Permit # 1675 for the expansion of a livestock confinement operation known as the Producers -Dalton Feed Yard. A Management Plan for Nuisance Control has been designed and implemented including the installation and operation of a water sprinkler system for pen dust control. Based on a study by John M. Sweeten from Texas A&M University in his article Dust Emissions in Cattle Feedlots, water application rates at the peak of the dry season should be 0.18 inches of water per acre per day until 25-35% moisture is achieved and then 0.09-0.13 inches of water per acre per day to adequately control dust. During the months from May through August, the water sprinkler system will require 70-86 acre feet of water to maintain adequate moisture levels to control dust. Rusco owns a Yz running right share of the Eaton Town Lateral and six shares of the Larimer- Weld Irrigation Company and five shares of the Windsor Reservoir and Canal Company which will produce nearly 485 acre-feet of available water to supply the water sprinkler system. Rusco also has a' " tap from North Weld County Water District that is currently being used to water livestock. Rusco respectfully submits that this letter adequately demonstrates that they have sufficient water available for dust suppression and all other requirements of the operation. Sincerely, 1://t /Tim Naylor Planning Consultant Cc: Russ Moss ENGINEERING, SURVEYING, PLANNING & CONSULTING 4350 Highway 66 Longmont, CO 80504 970.535.9318 / office , 970.535.9854 / fax - www.agpros.com Page 1 of 2 Travis Hertneky From: Tim Naylor Sent: Friday, June 19, 2009 10:06 AM To: Travis Hertneky Subject: FW: Producer Dalton access plan From: Janet Carter [mailto:jcarter@co.weld.co.us] Sent: Thursday, April 02, 2009 10:42 AM To: Tim Naylor; David Snyder; Don Dunker Cc: rusco072@aol.com; Don Anderson Subject: RE: Producer Dalton access plan Hi Tim, We have reviewed the Dalton access plan. We have the following comments: 1. Public Works requires that an access point to a road is a minimum of 75 feet from other access points including access points to adjacent parcels. 2. Public Works requires that a commercial/agricultural access shall be a minimum distance of 150 feet from an intersection county or state roadway. 3. Please list the 60' radiuses for the accesses. 4. Please dimension the access width at the edge of asphalt and end of the radius curve. 5. Please dimension the distance between the accesses. If you have any questions or concerns please feel free to contact me. Thanks! Janet L Carter Traffic Engineer Weld County Public Works Dept. P.O. Box 758, Greeley, CO 80632 Tele-970.356.4000 ext 3726 Fax- 970.304.6497 From: Tim Naylor [mailto:tnaylor@agpros.com] Sent: Tuesday, March 31, 2009 1:45 PM To: Janet Carter Cc: rusco072@aol.com; Don Anderson Subject: Producer Dalton access plan Janet Attached is a drawing showing the proposed accesses for the Producers -Dalton Feedlot. The accesses will be controlled by fences as shown. 7/23/2009 Page 2 of 2 I am requesting approval of the accesses for submittal of the final plat for USR-1675. Contact me if you have any questions. Thanks Tim Naylor AGPROfessionals, LLC 4350 Highway 66 Longmont, CO 80504 office (970) 535-9318 fax (970) 535-9854 cell (303) 870-0013 tnaylor@agpros.com 7/23/2009 Page 1 of 1 From: Janet Carter Ucarter@co.weld.co.us] Sent: Thursday, April 02, 2009 10:42 AM To: Tim Naylor; David Snyder; Don Dunker Cc: rusco072@aol.com; Don Anderson Subject: RE: Producer Dalton access plan Hi Tim, We have reviewed the Dalton access plan. We have the following comments: 1. Public Works requires that an access point to a road is a minimum of 75 feet from other access points including access points to adjacent parcels. 2. Public Works requires that a commercial/agricultural access shall be a minimum distance of 150 feet from an intersection county or state roadway. 3. Please list the 60' radiuses for the accesses. 4. Please dimension the access width at the edge of asphalt and end of the radius curve. 5. Please dimension the distance between the accesses. If you have any questions or concerns please feel free to contact me. Thanks! Janet L Carter Traffic Engineer Weld County Public Works Dept. P.O. Box 758, Greeley, CO 80632 Tele-970.356.4000 ext 3726 Fax- 970.304.6497 From: Tim Naylor [mailto:tnaylor@agpros.com] Sent: Tuesday, March 31, 2009 1:45 PM To: Janet Carter Cc: rusco072@aol.com; Don Anderson Subject: Producer Dalton access plan Janet Attached is a drawing showing the proposed accesses for the Producers -Dalton Feedlot. The accesses will be controlled by fences as shown. I am requesting approval of the accesses for submittal of the final plat for USR-1675. Contact me if you have any questions. Thanks Tim Naylor AGPROfessionals, LLC 4350 Highway 66 Longmont, CO 80504 office (970) 535-9318 fax (970) 535-9854 cell (303) 870-0013 tnaylorj.agpros.com file://P:\2 500-P%20Q\2504%20-%20Producers%20Feedlots\05 %20-%20Dalton%20Feedlot\03 %20-%20... 6/17/2009 BOARD OF DIRECTORS CHARLES ACHZIGER RALPH PRIOR JOHN JOHNSON CE BUCK RINEHART NELS NELSON February 24, 2009 Weld County Department of Planning Services Attn: Chris Gathman 918 10th Street Greeley, CO 80631 NORTH WELD COUNTY WATER DISTRICT 33247 HIGHWAY 85 • LUCERNE, CO 80646 DON POSSELT, DISTRICT MANAGER P.O. BOX 56 • PHONE (970) 356-3020 • FAX (970) 395-0997 www.nwcwd.org • e-mail: water@nwcwd.org Weld County Planning Departlfl fM GREELEY OFFICE c'rR 77 9Rgq RECEIVED Re: Rusco Land & Cattle USR for 9,000 head of cattle livestock/feeding operation North Weld County Water District has received a request for additional water service on February 10, 2009 from Rusco Land & Cattle Company. As part of the request form, Rusco Land & Cattle Company is requesting an increase in service to deliver 150 gallons per minute maximum flow rate to provide water for a dust control sprinkler system. North Weld County Water District has performed a hydraulic analysis and can provide the specified flow rate. To provide the increased usage, either the meter location will have to be moved to the north end of the feedlot and connect into an existing 6" diameter waterline or a waterline will have to be extended to the existing meter location at the residence of 37905 WCR 35. Additionally, Rusco Land & Cattle will be required to pay additional Plant Investment, Distance, Infrastructure Enhancement and Meter Set Fees. These fees cannot be determined until Rusco Land & Cattle and North Weld County Water District have agreed to a meter location and/or waterline extension. North Weld County Water District wants to make it clear that the District is only providing water for the dust control sprinkler system and the water supplied by the District will not be for the livestock. If Rusco Land & Cattle desires water service for the livestock operation, the District could provide such water supply. The District estimates that the water supply would require flow rates ranging from 230 gallons per minute to 380 gallons per minute. These higher flow rates would require additional off -site infrastructure to be constructed which would consist of a mile of 8" diameter pipe from the intersection of WCR 76 & 35 to WCR 78 & 35. This would connect the 6" diameter waterline in WCR 78 to a 20" diameter waterline in WCR 76. If you have any additional questions, don't hesitate to contact me at (970) 356-3020. Sincerely, Alan Overton District Engineer North Weld County Water District Chris Gathman From: Sent: To: Cc: Subject: Esther, Chris Gathman Thursday, February 19, 2009 4:28 PM Esther Gesick Troy Swain; Janet Carter RE: USR #1675 - Rusco Draft Resolution revisions Could you please make the following revisions to the USR-1675 Rusco Board of County Commissioners resolution: * Add the following condition under 1.A.9 (page 5): Manure storage and/or composting areas in the event that off -site application or composting becomes unavailable. These areas shall be located toward the center of the property to buffer from neighboring properties. * Add the following condition under 1.E (page 6) and renumber subsequent conditions: An access plan for the 3 accesses to the project site shall be approved by Weld County Public Works prior to recording the plat. * Replace condition 1.F (page 6) with the following condition: Demonstrate that the facility has adequate manure storage in the event that off - site application or composting becomes unavailable. No composting area or manure storage areas are designated on the site plan map. * Add the following as Development Standard #5 and renumber subsequent Development Standards: WCR 35 is a major arterial road, which requires a 140 -foot right -of- way at full build out. Weld County Public Works will allow a fence to be placed within the 140 - foot right-of-way but outside of the 80 -foot right-of-way. The fence will have to be removed and relocated at the property owner's expense when the arterial roadway is built for the 140 -foot right-of-way. Let me know if you have any questions. Thanks, Chris Original Message From: Esther Gesick Sent: Thursday, February 19, 2009 9:35 AM To: Chris Gathman Subject: USR #1675 - Rusco Draft Resolution Esther E. Gesick Deputy Clerk to the Board 915 10th Street Greeley, CO 80631 1 Hello