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Home My WebLink About791002.tiff RESOLUTION RE: RECOMMENDATIONS OF THE BOARD CONCERNING MOUNTAIN MEADOW EGG RANCH, 2790 WEST 175TH, ERIE, COLORADO 80516 AND 1234 WELD COUNTY ROAD 7 , ERIE, COLORADO 80516. WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, the Board of County Commissioners of Weld County, Colorado held a show cause hearing on September 5, 1979 con- cerning Mountain Meadow Egg Ranch, 2790 West 175th, Erie, Colo- rado 80516 and 1234 Weld County Road 7 , Erie, Colorado 80516, on parcels of land more particularly described as follows : PARCEL I Lot 6, Ranch Eggs Inc. Subdivision, County of Weld, State of Colorado. PARCEL II The South 179. 47 feet of the following described property: A tract of land located in the South- west Quarter of Section 27, Township 1 North, Range 68 West of the 6th P.M. , Weld County, Colo- rado and being more particularly described as follows : Commencing at the West Quarter Corner of said Section 27 , and considering the West line of the Southwest Quarter of said Section 27 , to bear South 00°00' 00" West and with all other bearings contained herein relative thereto; Thence South 00°00' 00" West, along the West line of the Southwest Quarter of said Section 27 , 992 . 25 feet; Thence North 90°00' 00" East, 30. 00 feet to the TRUE POINT OF BEGINNING: Thence continuing North 90°00 ' 00" East, 799. 86 feet, thence South 31°19' 13" West, 151. 58 feet; thence South 41°31' 26" West, 267. 04 feet; thence South 90°00' 00" West. 544. 04 feet; thence North 00°00' 00" East, 329. 42 feet to the TRUE POINT OF BEGINNING. for non-compliance with Section 25-1-613 , CRS 1973, as amended, and WHEREAS, in accordance with Sections 25-1-617 , 25-1-507 and 25-1-514 , CRS 1973 , as amended, the Board of County Commissioners is authorized to hear and decide this matter, and WHEREAS, the Board of County Commissioners of Weld County, Colorado heard the testimony of representatives from the Weld N/,©o0 7 791002 County Health Department and the testimony of Mrs. Don Schwarz of Mountain Meadow Egg Ranch, and WHEREAS, the Board, being fully advised in this matter, finds that there is an open pit containing broken chicken eggs on Par- cel II described above; that piles of chicken manure are present on Parcel I and Parcel II described above; and that said open pit and piles of chicken manure are a source for the breeding of flies and endanger the health and welfare of the citizens of Weld County. NOW, THEREFORE, BE IT RESOLVED that the Board of County Com- missioners of Weld County, Colorado hereby recommends that the abovedescribed conditions be abated within two (2) weeks from the date of this hearing by the following means: 1. Clean up and dispose of the broken chicken eggs. 2. Cover the pit containing the broken chicken eggs. 3. Remove the piles of chicken manure. BE IT FURTHER RESOLVED by the Board of County Commissioners of Weld County, Colorado that the Chairman of said Board be authorized to sign an Order requiring abatement by the above means if within two (2) weeks an inspection of the premises by repre- sentative of the Weld County Health Department is not permitted by Mr. and Mrs. Don Schwarz The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 5th day of September, A.D. , 1979. ‘7 • ` BOARD OF COUNTY COMMISSIONERS ATTEST: 711 - L&J4 r, i ak(A4 ri WELD COUNTY, COLORADO Weld County Clerk and Recorder ea..— (Aye) and Clerk to the Boar m Norman Carlson, Chairman (L ,kkX: i✓ �c j • �L/�� S/ (Aye) e uty County lerk Ly a Dunbar . RO D AS TO FORM: /12 / (Aye) � j� � Q P C. W. Kirby County Attorney k4 o s L0_-,A_ - k ; (Aye) Leonard L. Roe ABSENT DATE PRESENTED (Aye) June K. Steinmark DATE PRESENTED: SEPTEMBER 10, 1979 ATTENDAPCE RECORD ^ APPLICANT : WELD COUNTY HEAL . DEPARTMENT TIME : 2 : 0''-".M. DOCKET#79-81 DATE : SEPTEMBER 5, 1979 REQUEST : HEARING TO SHOW CAUSE N E ADDRESS ,-- "v. FM 15-(L dcspi 4c f Pci' / C ✓te,p / e y ` l Ccj„ ( 2 2 if/, ii,/co, d71 c7/7c / 29, cp. At2, C / 5 G hie i) A public hearing was conducted on September 5, 1979 at 2 : 00 P.M. , with the following present: NORMAN CARLSON CHAIRMAN LYDIA DUNBAR COMMISSIONER BILL KIRBY COMMISSIONER LEONARD ROE COMMISSIONER JUNE STEINMARK COMMISSIONER Also present: ACTING CLERK TO THE BOARD, KEITHA WHITE ASSISTANT COUNTY ATTORNEY, LEE D. MORRISON HEALTH DEPARTMENT REPRESENTATIVES, JOHN HALL AND BYRON HOWELL The following business was transacted: I hereby certify that pursuant to a SHOW CAUSE NOTICE dated August 22, 1979 , duly published August 23, 1979 in the Platteville Herald, a public hearing was held on said show cause for Mountain Meadow Egg Ranch. John Hall reviewed the events that have transpired to date. He stated that on Wednesday, August 15, 1979, John Droullard and Byron Howell attempted to reinspect the properties and were refused entry by Mrs. Don Schwarz,; Therefore, the Health Department has no knowledge whether any measures have been taken to abate the health nuisance. Mrs. Schwarz was present and testified concerning the conditions on the properties. After deliberation a motion was made by Commissioner Steinmark to allow Mrs. Schwarz two weeks from the date of this hearing to abate the health hazards by the following means: 1. Clean up and dispose of the broken chicken eggs. 2. Cover the pit containing the broken chicken eggs. 3. Remove the piles of chicken manure and further that the properties be inspected by the Health Department to assure compliance. Commissioner Dunbar seconded the motion and it carried unanimously. Following discussion by the Assistant County Attorney Commissioner Roe made a motion that the Chairman of the Board be authorized to sign an order requiring abatement by the above means if within two weeks an inspection of the premises by representatives of the Health Department is not permitted by Mr. and Mrs. Schwarz Commissioner Kirby seconded the motion and it carried unanimously. Mr. John Johnson and area resident elaborated on common problems of the residents of Ranch Eggs Subdivision. CHAIRMAN BOARD OF COUNTY COMMISSIONER /) WELD COUNTY, COLORADO ATTEST: �v„: 2a WELD COUNTY CLERK AND RECORDER AN NE TO THE BO/4R // BY: uty County e / DOC# 81 TAPE NO. #79-99 & 100 A:Dept; Health; Violations 151 r / T� -- - dZi-ei ' � NOTICE P lJr%nc Q ?o o SHOW CAUSE HEARING /f- Pursuant to the public health laws of the State of Colorado, a public hearing will be held in the Chambers of the Board of County Commissioners of Weld County, Colorado, Weld County Centennial Center, 915 10th Street, Greeley, Colorado, at the time specified. All persons in any manner interested in the hearing to show cause are requested to attend and may be heard. Docket No. 79 - 81 Mountain Meadow Egg Ranch Don Schwartz 2790 W. 175th Erie, CO 80516 and 1234 Weld County Rd. #7 Erie, CO 80516 DATE: September 5, 1979 TIME: 2 : 00 P.M. SUBJECT: Hearing to show cause for noncompliance with Colorado Revised Statutes 25-1-613, 25-1-514 , and 25-1-514 as amended LEGAL DESCRIPTION: (Two Parcels) PARCEL I : Lot 6 , RANCH EGGS INC . SUBDIVISION, County of Weld, State . of Colorado. PARCEL II : The South 179 . 47 feet of the following described property: A TRACT of land located in the SWa of Section 27 , Township 1 North, Range 68 West of the 6th P.M. , WELD COUNTY, COLORADO and being more particularly described as follows : Commencing at the West Quarter (WaCor) of said Section 27, and considering the West line of the SWa of said Section 27, to bear South 00°00' 00" West and with all other bearings contained herein relative thereto; Thence South 00°00' 00) West, along the West line of the SWa of said Section 27 , 992 . ; feet; Thence North 90°00' 00" East, 30. 00 feet to the TRUE POINT OF BEGINNING: Thence continuing North 90° 00 ' 00" East, 799 . 86 feet; thence South 31°19 ' 13" West, 151. 58 feet; thence South 41°31 ' 26"West, 267 . 04 feet; thence South 90°00 ' 00" West 544 . 04 feet; thence North 00°00 ' 00" East, 329 .42 feet to the TRUE POINT OF BEGINNING. THE BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO BY: MARY ANN FEUERSTEIN COUNTY CLERK AND RECORDER AND CLERK TO THE BOARD DATED: AUGUST 22, 1979 PUBLISHED: August 23 , 1979 in the Platteville Herald AFFIDAVIT OF PUBLICATION LONGMONT DAILY TIMES-CALL State of Colorado ) ss County of Boulder ) I, c eQr9e...L>...&h.i.slua.rk.e...Jr , do solemnly swear that the LONGMONT DAILY TIMES-CALL is a serowr j``HRaRna '''i daily newspaper printed, in whole or in part, and published in =on a MO•dale wtam lint et Ilia the City of Longmont, County of Boulder, State of Colorado, W and which has general circulation therein and in parts of Boulder •ee. *Oilwnh Centennial tender. MS lath Street, Greeley, ca- and Weld Counties; that said newspaper has been continuously evoke Oita time specified Ail persons and uninterruptedly published for a period of more than six months n next prior to the first publication of the annexed legal notice Dcc p i. Amon of advertisement, that said newspaper has been admitted to the aw,Mil, United States mails as second-class matter under the provisions SADA ee"1e of the Act of March 3, 1879, or any amendments thereof, and "Oe ,wt"�Me'' that said newspaper is a daily newspaper qualified for publishing ° "°"mbar5."" ' duly TIM!: :a PA legal notices and advertisements within the meaning of the laws AtliNfccir=w Matt cons ter of the State of Colorado; that copies of each number of said =iii1 i"'fl1 a newspaper, in which said notice or advertisement was published, L` L SCRt°T •G[1.1""Para* RI :Lot 6,RANtN EGOS 1Rc. were transmitted by mail or carrier to each of the subscribers sow terya Weld,sra•q Cant Thopwat marraiewtiw• of said newspaper, according to the accustomed mode of buss-less nRewynwe p in this office. 4 rai litasdkw Rwsww owRRc wit MP** That the annexed legal notice or advertisement was published SOGUSIITisre wont•°. end Mte1Mw•:cammwdM at to west Gwwteetwucin0saidNOWn. in the regular and entire editions of said daily newspaper once7eXgf � oueWeltree,erthe aweR 141.: 'ark'. mexkmottexsennexassoadowcimogt for the period of 1 ' aftileriklala SS terra, mom, Sault,IS derail �, Thew M1*Meng we* W Orifi Set RM FS TMRq.tam 90 consecutive insertions; and that the first publication of said notice 'll afilie9.N stiterne �j�TREE POINT o R`* M1pn sr 4snin Nl was in the issue of said newspaper dated A4St 24 SeRRI)t reeer .- w_eM, ray Mb titlientr : Min.Int le 79 and that the last bore.. w, 19 publication of said notice was in Maltt `_ the issue of said newspaper dated August...24 19 .7.9. �R oye kieitO1eR°RiTt�GR Rft In witness whereof I have hereunto set my hand this 24.th. R o oo‘Oomo lo day of August 19 79... .e 1, 1— usiness Manager Subscribed and sworn to before me this 24th day of August 19.79799 My Commission Expires/lam{Z.<. 7/7(1`•.1-1 Notaryblic FEE $ 18...7.3 1-1300-02 W�y� BOARD OF HEALTH eld County Health Department David Perking, DDS, Greeley William Blick, Roggen 1516 HOSPITAL ROAD Charles W. Judie, MD, MPH Fran Christensen, Eaton Director GREELEY, COLORADO 80631 A.M. Dominguez, Jr., JD, Greeley Annette M. Lopez, Greeley 1303)353-0540 Herschel Phelps, Jr. MD, Greeley Kathleen Shaughnessy, PHN, Ault Arthur G. Watson, Platteville August 31, 1979 John M. Wheeler, Greeley RE: Summary Sheet Complaint Investigation Mountain Meadow Egg Ranch TO WHOM IT MAY CONCERN: By mandate of the Weld County Commisioners a surveillance program of Ranch Eggs Subdivision was initiated by Weld County Health Dept. . On July 20, 1979, John Droullard and Byron Howell inspected, with permission by the owner, the property of Don Schwartz located at 2729 W. 175th Ave. , Erie, Colorado. Found East of the chicken house was an excessive chicken manure build-up containing maggots. On July 25, 1979, John Droullard and Byron Howell also inspected with permission, the property of Don Schwartz, an Egg Processing Plant, located at 1234 WCR #7. This inspection was also a part of the Ranch Eggs Subdivision montioring programs The inspection of the aforementioned property showed excessive manure build-up which contained maggots. Also at the egg processing plant, there was an open pit containing broken eggs which were attracting rodents as evidenced by numerous rat droppings in the area. On August 1, 1979 a violation letter citing Colorado Revised Statutes Number 25-1-613 was issued to Mountain Meadow Egg Ranch, Don Schwartz, 2790 W. 175th Avenue, Erie, Colorado. Ten days were given for the excessive manure build-up including maggots to be cleaned up and disposed of. On Wednesday, August 15, 1979, John Droullard and Byron Howell attempted to reinspect Don Schwartz's properties located at 2790 W. 175th Avenue in Erie, Colorado and 1234 WCR #7, Erie, Colorado as specified in the order from the Weld County Health Department dated July 31, 1979. John Droullard and Bryon Howell were refused entry to reinspect the aforementioned properties in order to determine compliance with Colorado Revised Statute number 25-1-613 by Mrs. Don Schwartz. Submitted by: John Droullard, 5e( ( co S-X,[ S-o� Environmental Health Dept. Byron Howell Environmental Health Dept. • ' BOARD OF HEALTH Weld eld County health .department David Werking, DDS, Greeley • t 5i6 HOSPITAL ROAD - William Buick, Roggen Cherie. W. Juels, MD, MPH Fran Christensen. Eaton Director GREELEY. COLORADO 80631 A.M. Dominguez. Jr., JD, Greeley Annette M. Lopez, Greeley (101)353-0540 Herschel Phelps. Jr. MD, Greeley Kathleen Shaughnessy, PHN, Ault Arthur G. Watson, Platteville John M. Wheeler, Greeley July 31, 1979 Mountain Meadow Egg Ranch Certified Mail /16900947 Don Schwartz 2790 W. 175th Erie, CO 80516 RE: Public Nuisance on Premises Mr. Schwartz: • On Friday, July 20, 1979, we inspected your property located at 2790 W. 175th, Erie, Colorado. We also inspected your egg processing plant on Wednesday, July 25, 1979. The inspections showed excessive manure build-up which contained maggots. Also, at the egg processing plant, there was an open pit containing broken eggs which was attracting rodents as evidenced by numerous rat droppings in the area. Colorado Revised Statute number 25-1-613 provides the following: • "The board of health shall examine all nuisances, sources of filth, and causes of sickness, which, in its opinion, may be injurious to the health of the inhabitants, within its town, city, or county. . . , and it shall destroy, remove, or prevent the same as the case may require." You are hereby notified that the aforementioned items of excessive • build-up of manure, and the open pit of broken eggs attracting rodents are not in compliance with C.R.S. 25-1-613, and that you have 10 days from the date of receipt of this notification to come into compliance with 25-1-613. Colorado Revised Statute number 25-1-514 provides the following: "It is unlawful for any person, association, or cor- poration and the officers thereof to willfully violate, disobey, or disregard the provisions of the public health laws or the terms of any lawful notice, order, standard, rule or regulation issued pursuant thereto." In the event this order is not complied within the time period provided, C.R.S. 25-1-512 provides the following: ll ' Page 2 Mountain Medow Egg Ranch July 31, 1979 "The district attorney of the judicial district in which 11 a cause of action arises shall bring any civil or criminal action requested by a public health officer to abate a condition which exists in violation of, or to restrain or enjoin any action which is in violation of or to prosecute for the violation of or for the enforcement of, the public health laws and the standards, -orders, rules, and regulations of the state board of health or a county or district board of health." The personnel of the Weld County Health Department stand ready to 11 assist and advise you in any proper manner in the correction of the II above-mentioned problem. Sincerely, il Jdhn G. Droullard Byron L. Howell Environmental Health Specialist. Environmental Health Specialist Isn- /hue Jo G. Hall, M.P.H. , Director ilEn ronmental Health Services BLH:dr A I PS form}MINI,Apr. Iv7fi ,,, m m 0 o CONSULT POSTMASTER FOR FEES J 8 a'l7 z z a pa am 9' OP110NAL SENVICE$ p. -I J"-I3 i Zo a .0 CIVICE m >�' -�c --1 -p z m RETURN m --' w11 m n l °0.. .z Ca y n TI O x 1.o 1 s1 O-4 m t ,t -I CO mii Iaf11 110. ,Im (C - E. min2C) 1 o si 1 g m•. < IV;m o ,F 41 in� m ,.,- .p '1 a p I liII 1 m \. g .4_]. 6\ q1 D ` 4 Ia r Property Owners 500 ' from 62-1467-0-00-011 5-16-77 1719257 WD Don & Lucille Schwarz 62-1467-27-0-00-012 Don Schwarz 62-1467-27-0-00-013 Lothar & Herta Guenther 1424 WCR 7 Erie pt SW4 62-1467-27-0-00-014 Richard & Edna Ferry 8343 W. 70th P1 Arvada, 80004 pt SW4 62-1467-27-0-00-031 Charles & Cheryl Hepp 1104 WCR 7 Erie S1/2SW4 62-1467-27-0-00-028 Charles & Sharon Vancil 1204 WCR 7 Erie pt SW4 62-1467-27-0-00-030 Frank & Emma Hepp 1084 WCR 7 Erie S4SW4 62-1467-27-0-00-007 Ainslie & Aulin Bates 1174 WCR 7 Erie pt SW4 62-1467-27-2-00-006 Harold & Del Harmer & Frank Galasso 3610 Otis St. Wheatridge, 80033 S1/2NWVN1/2SW4 Section 28 62-1467-28-0-00-006 Robert Knapple Etal %Bob Knapple Box 1260 Boulder, 80302 Property Owner ' s for part of Ranch Eggs -LOO- I Si.1bdi sto1 . Lot 1 John & Gwendolyn Zweck Rt. 1 Box 74 Erie Lot 2 Gary & Donna Boss 873 WCR 7 Erie Lot 3 Wendell & Arlene Stahl 3410 Johnson Lane Erie Lot 4 James & Genevieve Kelly 773 WCR 7 Erie Lot 5 Edward & Bernice Williams 2871 W 175 Ave Erie Lot 6 Don & Lucille Schwarz 2790 175 Ave Erie Lot 7 Marvin& Mildred Hanel 2720 175 Ave Erie Lot 8 Donald & Faith Falagrady 7281 175 Ave Erie Lot9 Joe & Florence Bickler 2620 175 Ave Erie Lot 10 Lloyd & Bessie Rockwell Rt. 1 Box 79 Erie Lot 11 Domingo & Edith Gutierrez Rt. 1 Box 79 Erie Lot 12 Lewis & Joyce Johannes Rt. 1 Box 77 Erie 2nd Filing_ Lot 1 Curtis Ranch Inc. NV ( 984 WCR 7 Erie Lot 2 Richard & Pauline Sheetz NIL I RT 1 box 75 Erie Lot 3 Hermann & Maria Meng 6w- I % Jefferson Savings & Loan Assn. PO Box 68 Arvada 80002 Lot 4 John & Bettie Johnson ltk I 3198 WCR 4 V Erie Lot 5 John & Rosemarie Zahn lthk I 3211 Johnson Lane Erie Lot 6 Adolph & Alexandra Furrer 3161 Johnson Lane Erie LLot 7 Roland & Marlena Murren I 844 WCR 7 Erie Lot 8 James & Carolyn Barnett 794 Wcr 7 aft I Erie 4 ; •vi .. s� 00 n MAY 16 1977 .4 ci MXfM1 Recorded as w.� o'clock...U.,..H., _..`. o 4. N s�7• Ii,7RJ� MARY ANN HRHMTGN._.,��,� 0 1 0 THIS DIM; Made this End OM of Nay YOOHDnin Mar 1077,Meseo GERALD R, KINCADI and BERNADYNE M. EDI Husband and Wife con Mao Docntmmy FM I a as Oa*M Weld is ass se pia. MAY 1 R 1977 • cm OeSttl dN.Mtpaetd a rs2a.A, el DON W. SCCIBARZ and LUCILLE A. BC9URZ t` 2790 175th Ave„ Erie, Colorado • el did Qapef Weld ad Blab et Oalra4,afdhe and peek • WlTNIMMITH.Mae Ms old pet d the SMMpeK be ad b enWeYes et the a at • a' NO RUNDRED EIGHT THJUSAND AND NO/100 -DOLLARS. WI .a Is W Bald Dart ism d N.IBM pet b bed Bald b the mil palls et the bead peat Obi sat deer(b n o kw*aeal adrdwiryd.have gra boomed,NMI ad_...ebdiy le paws do .r O pest barest,la Say d cabs ear the red psalm at elm sold peat their bobs ad ads lessen M 0 b temp b save bat b bet Saw,all the dewba dewAkr he or perm. O bad,mews,IAN Inim E` PARCEL yI: Omar: Lot 6. RANCH EGGS IN SUBDIVISION, County of Weld, StateW et of Colorado PARCEL II: The South 179.47 feet of the following described property: A TRACT eg of land located in the SW} of Section 27, Township 1 North, Range 68 West of the 6th P.M., WELD COUNTY, COLORADO and being more particularly described as follow: Comencing at the West Quarter Corner (w}Cor) of said Section 27, and consideriey the West line of the 8W} of said Section 27, to bear South 00°00'00" West and with all other bears routs ined here in relative thereto; Thence South 00.00'00" West, along the West line of the SW} of said Section 27,992.25 fest; Thence North 90° 00'00" East, 30.00 feet to the TRUE POINT OF BEGDINDIG: Thence continuing North 90°00'00" East, 799.86 feet; thence South 31°19'13" West, 151.58 feet; thence South 41031'26" West, 267.04 fest; thence South 90°00'00" West, 544.04 feet; these North 00°00'00" East, 329.42 feet to t1eA ar2ins na Towns vie al ad dank:Me Ime-eseb ad .Barterer threat. •� la .lspbe • apprtabbp Ms eerdr M.Meals,eesrYder ad resebdwe.rare Is ad pats Nraf;ad dl pee ..saes,daft Ss.bsora.ad. ad dnasd wpelers et es mild pore d Me dint per,t b law r open at b and Is W Year hashed pesYre wet the ireYlesab ad.Brbarwa TO HATE AND TO HOLD the sold pamelea above k sops ed ad drn4ed,with the.Barhrrr,ale re aid martin at the sand part thole rtes ad erelpt beeeer.And Na told part In ad the Set Part,Aar times set yes , their heir,cases,ad.idaWYra de saaat pat Mime ad sere b and wM W said pests d the ward part their Mir ad somas.,that M the the d the aml t ad Mier it then lee eats are we seised a as pearls above seeped. as or rot me, palest, YeefMs W keideas-. mats d krhdtssae.M law,Sim peals,ad be we geed raft b8 power sad Medal wilstrelty 5 Pat St a S..5 d ear the sae b err d bra etwraW,ad that ahe sae re free d der tree r haler sad We pat,he.eaae,aae,gm,S mist d aembrare of whatever had or.amen rarer. Except taxes for the year 1977 and subsequent years, easements, restrictions and reservations of record. d d r then fegaYd pals is Os mere ad gear"pearl.at ea sold prelim d W sad pat - - Si.es sheet.pare a ad stay pear lei Ina oda,r b din the.be r ay pert Nw.M, dhe sold pees Lee of the Sat get IfaH and Ile VARIANT AND PORHTHH OH/HND. Hf num wHYHOF dm aid pert tee et ass one pre feemb ere the bleed • W real • Its dal ad sear NM Yew ell . Sa—',Seder ad Dreardb ash a..el MAW , Bernadyne N. MACS, �y� 4 Wire 011111144 1{1 _. 54ReI.4ev.M / :ondiCt all& BATH ODOOLOHA00. Geae AYH. se Am • q"N TheBrr mrso sbgbas tea airetedpdbsersadds _ad , dk M7 dN Gerald E. Mande said Mrsadyme M. tiwdads, 9ebaa w 11 SN. •MPsosairaswia Mar 5 .u78. Ns hard 41,I 4 y' ; �. lON,;� t,•1. NAM WASSN!Ss S IIIMISrailleM MIMS ea.firer ales imam ism One Mau-sow AFFIDAVIT OF PUBLICATION LONGMONT DAILY TIMES-CALL State of Colorado County of Boulder ) ss George 1, George do solemnly swear that the LONGMONT DAILY TIMES-CALL is a .+�+ +r➢ 't r ii Wi tn. daily newspaper printed, in whole or in part, and published in +i the City of Longmont, County of Boulder, State of Colorado, and which has general circulation therein and in parts of Boulder and Weld Counties; that said newspaper has been continuously , many uh a a , and uninterruptedly published for a period of more than six months ya next prior to the first publication of the annexed legal notice ex e'a iT of advertisement, that said newspaper has been admitted to the United States mails as second-class matter under the provisions a <�°s' of the Act of March 3, 1879, or any amendments thereof, and that said newspaper is a daily newspaper duly qualified for publishing 'M.�. ail. Kra legal notices and advertisements within the meaning of the laws i AM ro�.woF of the State of Colorado; that copies of each number of said newspaper, in which said notice or advertisement was published, were transmitted by mail or carrier to each of the subscribers of said newspaper, according to the accustomed mode of ',psi-less w r in this office. .44474644126 r' That the annexed legal notice or advertisement was published in the regular and entire editions of said daily newspaper once AX011( XJOZWi(r1tX%O1tieVy(xe(MatkXa89 xfor the period of one (1) .............. ... .. consecutive insertions; and that the first publication of said notice was in the issue of said newspaper dated June 18 19 79, and that the last publication of said notice was in the issue of said newspaper dated June 18 , 19 79 In witness whereof I have hereunto set my hand this 18th day of June , 19 79 S C (. Business Manager Subscribed and sworn to before me this 18th day of June 19 79 qC My Commission Expires ••••--reZeCe ' Notary Pliblic FEE $ 9.92 V. ., . t ,+ 1-1300-02 UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF COLORADO In re • MOUNTAIN MEADOW EGG RANCH, INC. ) BANKRUPTCY ) No. 79 B 3071 DON W. SCHWARZ LUCILLE A. SCHWARZ ) No. 79 B 3072 ' No. • Bankrupt.• ) NOTICE TO CHANGE DATE AND TIME OF HEARING ' Notice is hereby given that the hearing scheduled for October 29, 1979 at 1:30 P .M. , has been changed Co November 13, 1979 at 1 :30 P .M. , in Bankruptcy Courtroom T —'—' , United States Bankruptcy Court, 400 Columbine Building, 1845 Sherman Street, Denver, Colorado. PLEASE NOTE: Unless another person is elected, the Court will appoint as trustee in these cases, Helen R. Stone, 1301 Spruce St. , Suite 201, Denver, Colorado 80302, instead of John N. McNamara as was previously noticed. • DATED: October 24, 1979 BY ORDER OF THE COURT: Bradford L. Bolton By: Sharon Howard, D.gputy Clerk United States Bankruptcy Court 400 Columbine Bldg. 1845 Sherman Street Denver, Colorado 80203 • • • • ' 1 � r � BOARD OF HEALTH Weld County Ilealth Dept .ment ` David Necking, DDS, Greeley Charles W. Judie, MD, MPH ts,R une,Pi*A1 ROAD William Slick. Roggen Director GREELEY COLORADO 80631 Fran Christensen, Eaton A.M. Dominguez. Jr., JD, Greele7 . 153-0510 Annette M. Lopez, Greeley Herschel Phelps, Jr. MD, Creels] Cathleen Shaughnessy, PHM, Ault Arthur G. Watson, Platteville John M. Wheeler, Greeley 31, 1979 Mountain Meadow Egg Ranch Don Schwartz Certified Mai69 00947 2790 W. 175th �E1^1 �,,,m Erie, CO 80516 p ) _=" e ? ;x rte RE: Public Nuisance on Premises MIS et D mto Mr. Schwartz: GREELEY. Coto. On Friday, July 20, 1979, we inspected your property located at 2790 W. 175th, Erie, Colorado. We also inspected your egg processing plant on Wednesday, July 25, 1979. The inspections showed excessive manure build—up which contained maggots. Also, at the egg processing plant, there was an open pit containing broken eggs which was attracting rodents as evidenced by numerous rat droppings in the area. Colorado Revised Statute number 25-1-613 provides the following: "The board of health shall examine all nuisances, sources of filth, and causes of sickness, which, in its opinion, may be injurious to the health of the inhabitants, within its town, city, or county. . . , and it shall destroy, remove, or prevent the same as the case may require." You are hereby notified that the aforementioned items of excessive build—up of manure, and the open pit of broken eggs attracting rodents are not in compliance with C.R.S. 25-1-613, and that you have 10 days from the date of receipt of this notification to come into compliance with 25-1-613. Colorado Revised Statute number 25-1-514 provides the following: "It is unlawful for any person, association, or cor- poration and the officers thereof to willfully violate, disobey, or disregard the provisions of the public health laws or the terms of any lawful notice, order, standard, rule or regulation issued pursuant thereto." In the event this order is not complied within the time period provided, C.R.S. 25-1-512 provides the following:cliCkiQ a.7 e1 10 0 P" l-7....,4 t4.4_, � . Page 2 A' Mountain Met Egg Ranch ' U - July 31,1979 "The district attorney of the judicial district in which a cause of action arises shall bring any civil or criminal action requested by a public health officer to abate a condition which exists in violation of, or to restrain or enjoin any action which is in violation of or to prosecute il • for the violation of or for the enforcement of, the public health laws and the standards, orders, rules, and regulations of the state board of health or a county or district board of health." 1 The personnel of the Weld County Health Department stand ready to assist and advise you in any proper manner in the correction of the ll above—mentioned problem. Sincerely, A J In G. Droullard / h owe �� Byron ,. Howell. Environmental Health Specialist Environmental Health Specialist C Jol 1 G. Hall, M.P.H. , Director iEn ronmental Health Services BLH:dr I - m o o cmisun msnnnxiEA FOR FEES ,� t, a n 31 a tll'Itml�E SEAVILES 'm �^ .C) - In i N RETURN P[fnr' SFAVICE )' ; Intr,,,1:::.:(nca: ,c -I-I ."0 No CD P NI I [ I I�. DSO m T D I :: :11-1 fE-CliNr '' �° - : :. ..C:\ r 0O %i I I 3 .l=a p • 1 r __.- - m,. i i l ~F .. .yo-. .. '� 0 , a + I i$ «-'...' ,, L .,...:"'""t‘ • ill 'I 5t ( x a r `a e> "5' es :' '.�-tic :1'3. ,„ w z .xm r i if ' Y f Y M ill K w-• ,ts v."♦ } egg !.}' Sa¢} Y� •'\ " Y. ^ � { £'� 1 M1 f I Y y v,,• Y { : L- _ x 1 '4.8 •♦g1. t :y1 : r i r�� . : i }}lk�, „yam { \ Y -..?•••'-: •..--, x 4 .{y+ , y asp, ._._. .. .. %t '`}Y-x i� ^ frt 1.34.•.' ik `r` / :x :a1A •r 4. r ...x,.-. O4 4v t ^ • 1S ,- . A. { Oryar L �ik,M.. \ t ) 4 "^=- ., {- 4,4„,r4,,....":., ti,4„3. 1 '95 r d. .1 . • ;, yY5 dS,L` Y,H 4"xyt 4F` ,:,..i.,:.,,.., '� 'i W • Y4 . f �' 1 „I.:,. S t 44 yWr x f ♦ 4 " { \\ii (y ..',...'• t 4'�«g Y .t'P"4 . .` '11r!,- i lt•1 v 4 I! Li .' %ill ' % CZ C p } , t i - F .+. V k"5 ,'.. �r i'k. 5A1 11 �? y4 I k is t d + h♦ ..1. i Y ` , � ,kr\,,,y�,',�'L is L If 4 i . { '„,..17','? ' i { yet\ 4 \ k. 4 I' 4s , -. ... Yj } V.�" y ':'.,. :..�•", der .^ i.��} " ♦L" i 147 41•`xr . ' — - it 1 \ �* 4 \ ramis 133ellS AVM OVO el co a a to — a a MIt, a h a In M co M (0 M O M In (0 (0 . M M t0 �M N CO V N M M N O N. IMq in a r� O 3 CO M cold O Nca In Pi 4 „, CO CO tu i J Q 13381S 38 dM3730 -+ a C c H a o r≥ M o iii ,� Nfil 3 O J M co 1 co _O to _� O in Mrio c0 M v a — m N !a a CO rli O ^ p cm h N ./ 133211S NO WIN L21OM M , n ill V CO N co M N a CO N Q n. j Q N ^ O O0 O - N (D po C Cr) S N C Nil 133'8LS Nb'dl7 N IQ CM w N 4 "al t 1 4 to N CO, Co N 4 i J Of O • Don Schwartz .04%,. 2790 W. 175th • Erie, CO 80516 • • • ' Don Schwartz 1234 Weld County Rd. #7 Erie, Co 80516 Lothar & Herta Guenther 1424 WCR 7 Erie, CO 80516 ' ' Richard & Edna Ferry 8343 W. 70th P1 Arvada, CO 80004 a Charles & Cheryl Vancil 1204 WCR #7 ! - : - �� Erie, CO 80516 Frank & Emma Hepp 1084 WCR #7 • i Erie, CO 80516 Ainslie & Aulin Bates 1174 WCR #7 Erie, CO 80516 - -. - t Harold & Del Harmer & Frank Galasso 3610 Otis St. Wheatridge, CO 80033 Robert Knapple etal %Bob Knapple Box 1260 • f Boulder, CO 80302 • j John & Gwendolyn Zweck Route 1, Box 74 ti Lewis & Joyce Johannes Erie, CO 80516 Route 1, Box 77 Erie, CO 80516 Gary & Donna Boss Curtis Ranch, Inc. 873 W.C.R. 7 984 WCR 7 Erie, CO 80516 Erie, CO 80516 Wendell & Arlene Stahl Richard & Pauline Sheetz 3410 Johnson Lane Route 1, Box 75 Erie, CO 80516 Erie, CO 80516 James & Genevieve Kelly Hermann & Maria Meng 773 WCR 7 % Jefferson Savings & Loan Erie, CO 80516 P.O. Boc 68 Arvada, CO 80002 Edward & Bernice Williams John & Bettie Johnson 2871 W. 175th Avenue 3198 WCR 4 Erie, CO 80516 Erie, CO 80516 tj Don & Lucill chwarz John & Rosemarie Zahn 1' 2790 175th venue 3211 Johnson Lane Erie, CO 80516 Erie, CO 80516 Marvin & Mildred Hanel Adolph & Alexandra Furrer 2720 175th Avenue 3161 Johnson Lane Erie, CO 80516 Erie, CO 80516 Donald & Faith Falagrady Roland & Marlena Murren 7281 175th Avenue 844 WCR 7 ' Erie, CO 80516 Erie, CO 80516 Joe & Florence Bickler James & Carolyn Barnett 2620 175th Avenue + 794 WCR 7 Erie, CO 80516 Erie, CO 80516 Lloyd & Bessie Rockwell Route 1, Box 79 Erie, CO 80516 Domingo & Edith Gutierrez Route 1, Box 79 Erie, CO 8056 'J1 DATE: AU^ST 23-, 1979 TO: The Board of County Commissioners Weld County, Colorado FROM: Clerk to the Board Office Commissioners: If you have no objections, we have tentatively set the following hearing for the 5th day of September, 1979 at 2 : 00 P.M. Docket No. 79-81 - Mountain Meadow Egg Ranch, Hearing to show cause • OFFICE OF THE CLERK TO THE BOARD jy-A.hLi' {)/} � Deputy The above mentioned hearing date and hearing time may be scheduled on the agenda as stated above. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ,)FX ) K9 /3, a >- tt CLERK TO THE BOARD CHECKLIST Hearing Title: WELD COUNTY HEALTH DEPARTMENT Docket No. 79-81 Received from Planning Department S/2%y Hearing date approved .07 Notice typed f' Notices sent to: Legal advertising Planning Department A- Health Department Bulletin board Local newspaper Adjacent landowners Packets made Packets to Commissioners • --- Weld CountyBOARD OF HEALTH Health Department David Werking, DDS, Greeley William Black, Roggen 1516 HOSPITAL ROAD Charles W. Jude.l MD, MPH Fran Christensen, Eaton Director GREELEY, COLORADO 80631 A.M. Dominguez, Jr., JD, Greeley Annette M. Lopez, Greeley (3033'30540 Herschel Phelps, Jr. MD, G:celey Kathleen Shaughnessy, PHN, Ault November 5, 1979 Arthur G. Watson, Platteville John M. Wheeler, Greeley CERTIFIED MAIL NO. 6900951 The Corporation Co. , Legal Agent of Service for Great Western Sugar Company 1700 Broadway Denver, CO 80202 Dear Sirs: OFFICIAL NOTIFICATION OF VIOLATION Your attention is directed to Article 7 of Title 25 of the Colorado Air Quality Control Act, C.R.S. 1973, and specifically the Colorado Air Quality Control Commission's Regulation No.1, Section I.A.1. , which reads in part as follows: "No person shall emit or cause to be emitted into the atmosphere, from any air contamination source of emission whatsoever, any air contaminant which is of such a shade or density as to obscure an observer's vision to a degree in excess of 20% opacity. Instrumentation which results in equivalent readings may be used in specific installations if approved in advance by the Air Pollution Control Division." An inspection of your sugar beet processing facility located at 1st Ave. and 13th Street, Greeley, Weld County, Colorado, was made by Ronald K. Stow, a duly delegated and qualified representative of the Weld County Health Department, on November 2, 1979. On said date, emissions from the scrubber stack were observed to be in excess of 20% opacity between the times of 3:15 pm, and 3:20 pm, with opacity readings as follows: 6 readings of 55% opacity 9 readings of 60% opacity 11 readings of 65% opacity 3 readings of 70% opacity 1 reading of 75% opacity Mr. Arthur Lee Carlson, Acting Plant Manager, was contacted at the time of the inspection and informed of the violation. Upon completion of the inspection, a copy of the attached Analytical Report of Visible Emmission Violation (Form APC-55) was given to and signed for by Mr. CarTson4 �0 ,, ' i� e, /V- 7y November 5, 1979 r"` �-- 2 Great Western Sugar Company Pursuant to the above information, and as provided by Section 25-7-115(2) , C.R.S. 1973, this letter will serve as an OFFICIAL NOTIFICATION OF VIOLATION of Regulation No. 1, as cited above. In accordance with the requirements of Section 25-7-115(3) , a conference regarding the alleged violation has been scheduled for November 19, 1979, at the Division of Envirnmental Health Services , Weld County Health Department, 1516 Hospital Road, Greeley, Colorado at 10:00 a.m, As a result of the conference a determination will be made as to whether a violation occurred and, if such violation did occur, whether a non-compliance penalty must be assessed under Section 25-7-115(5), This conference will provide Great Western Sugar Company an opportunity to submit data, views and arguments concerning the alleged violation and whether assessment of a non-compliance penalty is required. The Division may provide further opportunity for Great Western Sugar Company to respond after the conference if circumstances warrant. Should the scheduled date or time impose an inconvenience for you, contact this office at 353-0540 ext. 270 for reschedualing. However, should you not attend the scheduled conference nor request a re- scheduling of the meeting, further enforcement action shall be taken in accordance with Sections 25-7-121 (court injunction) and 25-7-122 (civil penalties), C.R.S. 1973. Please be advised that in accordance with Section 25-7-115 (5) (c), C.R.S. 1973, a non-compliance penalty must be assessed for any period of violation from November 2, 1979 until the date on which the emission source is brought into compliance. The amount of a non-compliance penalty is calculated in accord with the provisions of 25-7-115(5) (b) , C.R.S. 1973, and is basically equivalent to the "economic savings" to Great Western Sugar Company resulting from failure to comply with applicable air pollution control requirements. In addition to the non-compliance penalty, failure to comply with final orders of the Division could result in imposition of a civil penalty of up to $25,000 per day, You are not now, however, subject to a final order, Reference: Section 25-7-122, C.R.S. 1973. The Division intends to explain all procedures and possible sanctions at the above referenced conference. We will outline your statutory rights-including rights to administrative appeals and possibly applicable exemptions-at the conference as well . If you have any questions concerning the conference of which need answering prior to the scheduled conference, please contact this office. Sincerely, fincildt*(44---- onald K. Supervisor Environmental Health Service RKS:pp cc: Richard D. Fox,Air Pollution Control Division Norman Carlson, Weld County Commissioners (Chairman) Larry DeClaire, A.G. office Air Quality Hearing Board • COLORADO DEPARTMENT OF HEALTH AIR' POLLUTION CONTROL DIVISION • ANALYTICAL REPORT OF VISIBLE EMISSION VIOLATION COMPANY --- Crat-I- LOed la.'h (1':-m . <7/c, "U . 71 J Dn;fs"SUFSOURCE �7tL�' Le`' t 1, t t c?�1.44_� • Lf. t <<'{ City -_et County AOCR C� STACK NAME >C 1.1..I-,62/r'__ � ,<>;C BACKGROUND SKY CONDITION `B,0,-e (t tc'C-t, RELATIVE HUMIDITY / % PSYC. WEATHER BUREAU AIR TEMP.__ F WIND SPEED _ ` ? /72 AV; �n�7 cWIND DIRECTION IO (From) -S tJ PLUME CHARACTERISTICS(Color,etc.) __ l _//�-r'-!L/ •1/ZL7 15_:!/_C2 e_T__— / - STACK HEIGHT NS--` Feet OBSERVERS LOCATION _ 6coFeet (11-13-7-0 of Stack ET PLUM or DRY PLUME: (If WET,estimate the breakpoint distance from the stack) -.� v75-/ ' CLOCK TIME 0 15 30 45 SKETCH: Include 1) Wind Direction; 2) Sun Position; 3) Observer Position; ,o,c 3-J3 0 !'C 60 5-5 Sb 4) Approximate Location of stack; 5) North Arrow. 3 7i 01 c, c co S-5 If more than one stack is located at the plant site 3 /S 02 �•C s`7 �' , 6ti specifically identify the stack being read. Include remarks. 3'/G 03 �57Do'>Co 3 ,17 04 Lig 6 6-7C G< 3, 4)' os C.,CSS. 6c60 - iY os (67o cc 6 5- - P/(!%nt 4'- 30 07 77-70&c"(y c 0 OS PI os nfIl SCRU(1( 11 — 1 S� �. 0 11 t-n 12 1H13 Y 14 V :13 ItSJ-' (LAN1 15 16 GE,tt�,rJ 17 10C4"11 18 i ip 19 20 21 Q ,‘ E_____,,, 22 h) 23 24 25 26 27 S 26 29 /2O/✓.40/Ctt/�<�7/A/) //-'91 OBSERVER: e-dr/d Co e'.7rc/J4 UAI t SIGNATURES: Duplicate of this nalytical epor ven T/oJ PERSONS PRESENT DURING THE EVALUATION: � J/qqt� L Name: gi4�'��i_ I t k'"`i,`^w^`- L� Name: n &m {x�'/ Title:(/M/.-. /[/LC•Li / ,/at�t-OL��1�� Title: p / Date: 1J/Z/ 1 Time: 3 :28 ?fret Signature: ___. CPC-65.16-75-100) _ __—.__ __.- ---- LAWRENCE M. MOUNCE Ord- p / 17f ROUTE 2 BOX 43 Ord- VJ EATON, COLORADO 60615 ce6 ii irk c a C ate, RJ Q J u(a— —d L c` 7.-eL*—c � r n", e_e.remite -73 ya,v.. 6,, .,v\, al- ..., o ,Ccw /%//i> - -1 — LAWRENCE M. MOUNCE ROUTE 2 BOX 43 EATON, COLORADO/8006615 /J / U‘Cnirra— es/CCV-0—rele a d.L , CYi-cl CdLD -cc -O ,L edtrisi- a_ cil_Qe,-,, art- 5� 6'7'x. LAWRENCE M. MOUNCE ROUTE 2 SOX 43 EATON, COLORADO 80615 WYE -" fir ,v . . 4,4A\A-rr", LAInn'a- re4="41— 3k-N-s1/4 r-c---sL. co-c cteQ rY.v Q � � ,.,,�-mot- � ��✓..d-�a-Y- � , `J'..e.rat ,vim—`-�•/,��e.,;� ark— f � ►� _` � Qe, tn `„ /z , awned / / / c. C_ _✓i c ,9%?&Lcx 77( .�,-�� z Hello