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Home My WebLink About20082026.tiff Esther Gesick oorom: Bruce Barker nt: Tuesday, October 23, 2007 8:51 AM : Esther Gesick; Jennifer VanEgdom; Trevor Jiricek; Laurie Exby; Chris Gathman; Thomas Honn; Kim Ogle Subject: FW: Aurora Dairy Corporation - Exhibits For Hearing Attachments: Letter-Exhibits - Board of County Commissioners (02029987).PDF POf Letter-Exhhhiiibits- Board of Cou... FYI. Esther: Please include in documents for tomorrow' s hearing. Thanks. Bruce. Original Message From: Crystal L. Gordon [mailto:clg@krendl.com] Sent: Monday, October 22, 2007 6:00 PM To: Bruce Barker Cc: Juan Velez; Dan Placke; Lee F. Sachnoff Subject: Aurora Dairy Corporation - Exhibits For Hearing Bruce, As we discussed last week, please find attached a letter with corresponding exhibits, which Aurora Dairy Corporation respectfully submits to the Board of County Commissioners for their review prior to the hearing. •lease contact me if you have any comments or questions. Thank you, Crystal Crystal L. Gordon, Esq. Krendl Krendl Sachnoff & Way, P.C. 370 Seventeenth Street, Suite 5350 Denver, Colorado 80202 Telephone: (303) 629-2600 Direct Dial: (303) 629-2653 Facsimile: (303) 629-2606 E-Mail: clg@krendl.com cmailto:clg@krendl.com> CIRCULAR 230 NOTICE: IRS Regulations require us to inform you that any tax advice contained in this communication (including any attachments) was not intended or written to be used, and cannot be used, for the purpose of (i) avoiding penalties under the Internal lir evenue Code or (ii) promoting, marketing or recommending to another party any ansactions or matter addressed herein. 1 2008-2026 LAW OFFICES OF KRENDL KRENDL SACHNOFF & WAY • PROFESSIONAL CORPORATION 370 SEVENTEENTH STREET,SUITE 5350 Sender's Direct Dial: CRYSTAL L.GORDON DENVER,COLORADO 80202 303-629-2653 TELEPHONE 303629-2600 Sender's e-mail: FACSIMILE 303-629-2606 dg@krendtcom October 22,2007 SENT VIA E-MAIL to bbarker@co.weld.co.us Weld County Board of County Commissioners 915 Tenth Street P.O.Box 758 Greeley, CO 80632 RE: October 24, 2007 Show Cause Hearing—Special Use Permit- USR-1602 Dear Commissioners: For your review and in connection with the hearing scheduled on October 24, 2007, we submit this letter and the attached exhibits on behalf of Aurora Dairy Corporation d/b/a Aurora Organic Dairy ("AOD"). As instructed by the Commissioners during the September 24,2007 probable cause hearing,AOD took immediate action to comply with the directions you gave at the hearing. First, AOD notified the neighbors when AOD had scheduled fogging services and obtained their written consents to continue to • fog their properties. Second, AOD hired a contractor, at its own cost, to powerwash the neighbors' residences. Third, AOD filed for the CAFO permit application and submitted to Weld County the mylar plat for the dairy. In addition, AOD updated and supplemented its Management Plan for Nuisance Control for the High Plain Dairy. AOD hired Dr.Alberto B.Broce, a professor of veterinary entomology at Kansas State University, to recommend procedures to improve fly control, and AOD incorporated his recommendations into the revised Management Plan. AOD is confident that the revised Management Plan will minimize fly infestation problems. To that end, AOD would request that the Weld County Departments of Planning and Zoning and Health re-inspect the dairy in the spring, summer and fall of 2008 to ensure that it is in compliance with the revised Management Plan. AOD respectfully requests that the Commissioners accept AOD's response and not revoke the special use permit for the dairy. Very truly yours, KRENDL KRENDL SACHNOFF&WAY Professional Co tion Crystal L. Gordon cc:Dr.Juan Velez Dan Placke Lee F.Sachnoff • [Cliena1153\00\02029878.DOC/[ • EXHIBIT LIST FOR WELD COUNTY HEARING/USR-1602 AURORA ORGANIC DAIRY 1. Copy of the CAFO permit application, and the certified registered mail receipt therefor, submitted to the Colorado Department of Health and Environment. 2. Receipt evidencing the filing of the mylar plat for the special use permit with Weld County. 3. Chart summarizing the consents received from the adjacent neighbors for fogging and powerwashing services. (This chart will be updated as of the hearing and copies of the signed consents will be brought to the hearing.) 4. Mitigating factors to consider under Weld County Regulation 2-4-50(O). 5. Summary of costs as of October 19, 2007 that Aurora Organic Dairy has spent to mitigate fly infestation problem. (An updated summary will be provided at the hearing.) 6. Summary of the Revised Management Plan for Nuisance Control. (A copy will be provided to each neighbor at the hearing.) • Cliendl 153WOW2029925.DOC I) • AURORA ORGANIC DAIRY EXHIBIT 1 CAFO PERMIT APPLICATION AND CERTIFIED REGISTERED MAIL RECEIPT • U•S..Postal Se•rvice CERTIFIEP iV7AtL -RECEIPT A `,(t3anieslc bail Only/No fragiance-Caverage Provaled) •rUe4vcr7 i,unvna[ioii viaifidunae.ru sttNaf www.uspc.cnm.{;... ' OFFICIAL. USE ,. m PMn••9a a I JSP S M1 • ldnm Fm.in Return rrl rgot Fee P` I . Q (Endacaemem Ragkat • (fi (? ,, - Take Poslagv&Fogs $ �.-/ �.4 0 CO IT) 'Searle Colo.Dept.of Public Health&Environment o W CD-PE•E2 • Attar: 'Erin Kress. Q a.Poox*.e�nln • • aPy,' y ap;.i" 4300 Cherry Creeek Dr.South • Denver;CO 80246-1530 • .n i//""^yam' "��,,\J� /\/''�/� AURORA ORGANIC DAIRY A�/"P.i 1-t/ EXHIBIT 1 CAFO APRweATION • IIICOMPLETE LAND & RESOURCE SOLUTIONS October 5,2007 Colorado Department of Public Health and Environment WQCD-PE-B2 Attn: Erin Kress 4300 Cherry Creek Drive South Denver, Colorado 80246-1530 Subject: CBS/High-Plains Dairy Application for Permit COG-931000 Dear Mrs. Kress Enclosed is a permit application for a general permit for animal feeding operations(COG- 931000)for CBS/High-Plains Dairy. CBS/High-Plains Dairy is a new facility constructed last year near Gill,CO. There are a few structural components such as a spillway and depth gauge that still need to be constructed. Once these components are complete we will submit an Appendix A prior to the facility commencing operation. A nutrient management plan has been completed and is being implemented. AGPROfessionals is representing CBS/High-Plains Dairy. Please direct all correspondence • regarding the application to both parties. l£you have any questions please don't hesitate to contact me. Sincerely, Travis Hertneky,BIT Ag Engineer Enclosure: Permit application Cc: Scott Cockro8,CBS Dairy Juan Velez,Aurora Organic Dairy ENGINEERING, SURVEYING, PLANNING & CONSULTING 4350 Highway 66■unmet,CO 80504 970.535.9318/office• 303.485.7838/metro■970.535,9854/fax• www.ogpros.com Water Quality Control Division Colorado Discharge Permit System APPLICATION TO BE CERTIFIED UNDER A GENERAL PERMIT FOR CONCENTRATED ANIMAL FEEDING OPERATIONS (PERMIT No. COA-931000) This application is for use after June 30,2004 by an operator of any new,or existing and currently operating Concentrated Animal Feeding Operation(CAR)),except those that: 1)are a"Housed Commercial Swine Feeding Operation",as that term is defined at 25.8.501(2)(b), Colorado Revised Statutes;or 2)the discharge is to waters of the state for which there is an applicable control regulation that limits the quantity or concentration of total phosphorus or total nitrogen in discharges. WATER RIGHT@ The State Engineer's Office(SEO)has indicated that capture and retention of precipitation and storm water has the potential for material injury to a water right. As a result,the SEO needs to determine that material injury to a water right will not occur from such activities. Should there be any questions on the issue of water rights,the SEO can be contacted as follows: Colorado Division of Water Resources 1313 Sherman Street,Rm.818 Denver,CO 80203 (303)866-3585 It is important to understand that any Colorado Discharge Permit System(CUPS)permit issued by the Division does not constitute a water right. Issuance of a cos permit does not negate the need to also have the necessary water rights in place. It also is important to understand that even if the operation has an existing COPS permit,this is no guarantee that the proper water rights are in place. STORMWATER GENERAL PERMIT Please note that a certification under a Stormwater General permit is required from the Division it construction of your facility,or parts thereof,disturbs one or more acres in total land area Information about such a certification can be obtained by calling(303)692-3517. REGULATION NO.81-GROUNDWATER PROTECTION REQUIREMENTS As a reminder,CAFOs must provide for groundwater protection per Colorado Water Quality Control Commission Regulation No.Sl(Reg. 81). These requirements are not included in a CAFO permit and must be complied with by CAFO operators separately from their permit. Reg.81 requires operators to have available documentation prepared by a Professional Engineer(P.E.)registered in the State of Colorado certifying that the provisions of section 81.5(2)have been met and stating what constitutes each constructed liner. For impoundments constructed prior to June 30,2004,such documentation shall be available no later than April 13,2006. For any impoundment constructed by an operator on or after June 30.2004,such documentation shag be available at least 30 days prior to wastewater entering the impoundment. Refer to Reg.81 for additional requirements,such as submitting to the Division,a Standard Operating Procedure for manure removal Sum impoundments GENERAL 1NSTRUCT1ONa Application Dne Dates: At least one hundred and eighty(180)days prior to the date the operator wishes to be certified to discharge under the general permit.or the expiration date of an existing permit if the operator seeks to continue with permit coverage,the operator of the AFO or CAFO shall submit an application as provided by the Division. Permit Fee: Jko not send any navment with this apolication. You will be billed following your certification under the general permit. Application Completeness: All items of the application must be completed accurately and in their entirety or the application will be deemed Incomplete,and processing of the permit will not begin until all information is received. If you have questions on completing this application,please contact the Division at(303)692-3500. One original of the completed application shall be submitted. Completed applications must be submitted by either mail or hand-delivery to: Colorado Department of Public Health and Environment Environmental Agriculture Program SF42 4300 Cherry Creek Drive South Denver,Colorado 80246-1530 Application for COA-931000 1 of 5 • Created on 10/5/2007 iY �.,L i , .i. APPLICATION TO BE CERTIFIED rY • UNDER THE GENERAL PERMIT FOR 4r: ANIMAL FEEDING OPERATIONS - pan W.CZNIM STRAP COLORADO DISCLIA.RGE PERMIT No. COA-931000 GENERAL INSTRUCTIONS: • Type or print legibly. • If item is non-applicable to facility,please indicate so in appropriate section. • Label each attachment/drawing with the name of the attachment/drawing and the name of the CAR) facility. L Application Type: New ® Expanding O Amendment ❑ Conversion(re-certification from previous general permit) 0 II. Permit Applicant Information: A) Facility Name: CBS DAIRY/HIGH PLAINS DAIRY Mailing Address (e.g.,P.O.Box or County Road address): _28520 WCR 72 • City,State,Zip:_GILL,CO 80624 B) Facility Owner: Coekrofts Brad&Scott Dairy LLC Mailing Address,City,State,Zip: 27906 CR.388,Kersey,CO,80644 Phone Numbers: (Office) (970)353-3299 (Cell) (970)371-6616 E-mail:_cashcowz@itilinlC.com Fax: (970)356-5388 C) Facility Operator(if different): AURORA ORGANIC DAIRY Mailing Address,City,State,Zip:,_7338 Hwy 66,Platteville,CO 80651-9008 E-mail:_banfeyl@auroraorganic.eom Fax: (970)535-4589 Phone Numbers: (Office) _(720)564-6296 (Cell) _(303)709-0750 D) On-site Contact Person(if different): Barney Little E-mail: . _bameyl@auroraorganic.com Fax: (970)535-4589 Phone Numbers: (Office) _(720)5644296 (Cell) _(303)709-0750 Application for C0A-931000 Crated on 10/5/2007 2 of 5 • • Ill Location and Site Information: A) Facility Location(e.g., 13270 Weld County Road 35, Weld County): 28520 WCR 72 GILL,CO 80624 B) latitude/Longitude coordinates at entrance of production area North American natant 1983(NAD83)is preferred for collecting coordinates electronically with a GPS unit. (fa afferent datum is used,please specify below. When coordinates are acquired from a map,provide the corresponding datum information. _N40°30' 29.16" W104°31' 1.2" C) Legal Description: (NE)(SE)(N W)(SW)Quartet,of the(NE)(SE)(NW)(SW)Quarter,of Section_11_, Township 7_U(S), Range_65_(E) bttachment A: Locatloal Map A map(USGS topographic map with 1:24,000 scale or 1.50,000 scale,or another topographic map of similar accuracy)that illustrates the following: 1) location and outline of production areas and land application sites 2) location and depths of fimctional wells,including monitoring wells,within one-half mile radius of the center of the production areas 3) name and location of public roads located within 1.0 mile of the production areas 4) the name and location of the surface water(s)that will receive the discharge(s)from each retention structure. Attachment B: Site Plan A site plan of the production area(s)that includes the locations of and,where appropriate,names of: 1) drainage patterns from the production areas 2) buildings(covered buildings or sheds,milking parlors,office,etc.)(label office,milking parlors,confined production buildings, egg washing buildings,and other significant structures) 3) manure storage areas(label) 4) composting areas(label) 5) impoundments and wastewater tanks(label) 6) piping to impoundments and wastewater tanks 7) transfer piping between impoundments,wastewater tanks,manure separation systems,pens,and lift stations 8) berms(including run-on diversion berms)(label) 9) process wastewater conveyances(label) 10) indicate the location of the 100-year floodplain that exists,in whole or in part,within the production area 11)location after each impoundment or wastewater storage tank where a planned discharge to waters of the US will occur and where effluent samples will be collected 12)pens(label) 13)lift stations(label) 14)tanks(label) Application for COA-931000 3 of 5 • Created on l0/5/2007- • IV. Desist and Discharee Information: A) Specific information about type and maximum number of animals that will be confined at the end of any month: Cattle_50 calves/heifers_Sheep/lambs Horses Dairy Mature: 4500 Dairy Heifers(where solely occupy site): Veal Calves: Swine(over 55 lbs): Swine(under 55 lbs.): Laying hens or broilers(with liquid manure system): Laying hens(other than liquid manure system): Chickens other than laying hens(other than liquid manure system): Other(including Ducks): B) Total capacity of process wastewater storage(not including solids separating basins): _53 (acre-feet) C) Type of wastewater management system(not including solids separating basins)(indicate the number of each): _2_Single-stage retention pond Two-stage retention ponds Three-stage retention ponds Above ground holding tank Below ground holding tank • Under floor pit Evaporation pond(designed for 10-year period of maximum rainfall) Other(please describe): D) Type of manure containment Roofed storage shed Impervious soil pad Concrete pad _X_Stockpile __X_ Composting Pen storage Other V. Certification of Design Calculations,Drawings,and Specifications A) Existing facilities, Using Appendix A attached hereto,submit a certification by a professional engineer(P.E.) registered in Colorado as to design calculations,drawings,specifications,tables,and other relevant documents as required under 61.17(5)(dxix). in addition,please include a summary table providing the following information: 1)impoundment name;2)impoundment volume at two feet of freeboard or other approved freeboard level;3)impoundment volume at spillway or impoundment overflow level;4)volume of runoff from area tributary to impoundment and 5)the storm event(25-year,24-hour or Chronic)for which each impoundment was designed(that is,the storm event from which an impoundment will receive the greater volume of runoff). $1 New facilities. Submit the certification and summary table specified in V.A)above at least 60 days prior to the time the operator desires permit coverage. The balance of the permit application must be submitted at least 180 days prior to the time the operator desires permit coverage(for example,prior to the time the operator desires to place animals on the operation). Application for COA-931000 4 of 5 • Cleated on 70/52007 VL Wastewater and manure Management Information: • A) Total acres of land application sites owned by or under the control of applicant. 462 acres(pasture& sprinkler) B) Gallons of process wastewater produced per year(estimate): 61.5 AC-FT(Land Applied)(20, MILLION GAL) C) Disposition of wastewater(indicate%of total production): 0 Released to third parties D) Tons of solid manure produced per year(estimate): 25,000 @ 46%Moisture B) Disposition of solid manure: (indicate%of total production) _100%_Released to third parties VII. Attachment D: Predoitadon Recording Information Submit a Standard Operating Procedure for measuring and recording precipitation. VIII(.Alternative Performance Standards: If requesting alternative performance standards,provide the information required in subsection 61.17(7)of Colorado Water Quality Control Commission Regulation No.61—Colorado Discharge Permit System Regulation (Reg.61),and any additional information requested by the Division pursuant to subsection 61.4(1)(k)of Reg.61. DL Additional Certification Rein anints: • By signing and submitting this application for coverage under the General Permit for Concentrated Animal Feeding Operations(Permit No.COG-931000),the applicant certifies the following: 1)that the CAFO facility is not a "Housed Commercial Swine Feeding Operation",as that term is defined at(125-8-501(2Xb),Colorado Revised Statutes;or 2)the discharge is not to waters of the state for which there is an applicable control regulation that limits the quantity or concentration of total phosphorus or total nitrogen in discharges;and 3)that design calculations, drawings,specifications,and other relevant documents required in section 61.17(SXd)(ix)of Reg.61 are available at the location identified in Section UU.A.of this application or another site agreed to by the Division and will be provided to the Division upon request. x Ststnature of Applicant: "I certify under penalty of law that,this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gathered and evaluated the information submitted. Based on my inquiry of the person or persons who manage the facility,or those persons directly responsible for gathering the information,the intonation submitted is to the best of my knowledge and belief,true,accurate.and complete. I am aware that there are significant penalties for submitting false information, including the possibility offtne and imprisonment for knowing violations." ( i Sj D re of Applicant Date S Signed \,/ scu r S. VCke2.. V .1). rwt,vv, Otpefvr, nn,} Name(printed) Title Application for COA-931000 Std 5 elCreated on 10/5/2007 AGPRO • ■ COMPLETE LAND & RESOURCE SOLUTIONS Pond Capacity Certification Facility Name—CBS Dairy October 4th,2007 Design Total Volume at Volume W/2ft Emergency Contributing Runoff from Auolicable Pond free oard nillwav Crest W tershed Area Tributary esien Storm 10yr-10day West Storage 26.53 ae-ft 30.9 ac-ft 22 acres 6.01 ac-ft Storm Event Pond 4.21° 25yr-24hr East Storage 26.53 ac-ft 30.9 ac-ft 56 acres 12.38 ac-ft(2) Storm Event Pond(1) 3.40" Total 53.06 ac-ft _ 61.8 ac-ft 78 acres 18.39 ac-ft Notes: I. Storage capacity for compost area is maintained in East Pond 2. Includes 35ac compost arca runoff volume of 6.82 ac-ft 3. Compost area must be pumped dry within 48 has of storm event • To the best of my knowledge I certify that the below referenced ponds are constructed to the current requirements of Colorado Department of Public Health and Environment regulation 61.17. Calculations were completed under my direct supervision Wayne E. Eckas,P.E. • ENGINEERING, SURVEYING, PLANNING & CONSULTING 4330 Highway 66■Longmont,CO 80504 970.535.9318!office. 303.485,7838/metro a 970.535.9854/fax■ www.agpros.com ,wmo4se.dt ue • / iff,./. • ,t, r J I _r- I 1`Il 44300 I o i _ ..', 'ily :• Ltirik.. • iN L �_� • ---,.JI l ' I jI- Off ■' ` e... -f` „4 E '1� % .115?' X 14- • f• • IN {\ ac , % • la W•Th.„,_____,_ - ��pp�1 • _ c•. .� ro E.: ( : • .4 • . ;4 .... K- N. z 1 � Ib r , 1 ,w CRT 7� f 1 l.i-'-�: / 9I CBS DAIRY !,I!)'t 1:) r q"q > I ATTACHMENT A MAU n��x , ,mm ' ' } i i 9'' .,,uwum9 nlwra ct ata OW Or llOwn m>,I.avrr.v 050 iiry 6q Lanpw94Cp80501 • _�-_ •swr+namaa vo (970)ai5A011.Sr(970)MASH •\\\ \\\.\\\ '\I fi ..� \' \\\\` \\\\` \\ \� ``, \\\\ \\ `\ v ,. . I �I. �, \�\\` \\`\` \ Y g ;.ate` ,' m \ \\ \ \ \ \ Fly dII1 i \`\ \ ` ` ` \\ Fr / t t I\.,-4'. .• Q ' 1\1\b"\.' \•\ ‘':%- \\•\\\ \ \!ICIi i iY 1• :) r_• 1/ -Sr\ �`y • • nI n� I-11.4410114 I\ \ \ Ay A 'A '' [Qy A:j , J.`y{\\ $ i i ;::: : D {) / ' \\ •\` \ \\`. : Pi i I / i• N,\ \ \• \ •,• \ as 1 1 \ • \ lir , i I IN„ -,-, , , \ , '<k \. , P \ \ i ,.. -.I1�� \\ \ N._ `w \ \\• Fti \ N\• \ \ ›.4 < \ —\\\* P Iw5HWO P \ 1Issk I' ``\ J \ e3I `\ A `\ ` U . • \ \\ _ HAY SHED n i\ .• �\ \Y\ A \ \I lill-4 r , it `` \ X o i r 1 . 1 . X CAS DAIRY A GPRv� �g��`�q:. -T H ! lit �Ti f ATTACHMENT A �•, i�er.4 W 6a i lit 1 • nrwzn,,,,,, ,,Atr.l..”..- ,M.nw 0.1 tt L('o a ! • .aaa aevanam (97W939-9311•fa:(970)99!4139 ... -- . Attachment D Standard Operating Procedure For Precipitation Measuring and Recording The Colorado Department of Health&Environment General Permit for CMOs requires that each permitted facility to implement a standard operating procedure per Subsection 61.17(5),Proposed Subsection(c)(xi)for measuring and recording precipitation at the permitted facility. General One precipitation gauge will be located at the facility. It will be installed where there will be no obstruction of precipitation reaching the gauge. The gauge is constructed and calibrated to measure precipitation to 0.1 inch and has a capacity of at least 5.0 inches. The gauge will be located near the office. Inspection Each rain gauge is inspected on a routine basis(monthly)to ensure: I)it is securely mounted and in proper working order,i.e., no cracks or breaks;2)there is nothing obstructing the opening that would prevent precipitation from entering the gauge; and,3) that any foreign material inside the gauge is removed.The inspection will be documented on the Facility Inspection checklist. Each time a precipitation measurement is taken each rain gauge will be observed for cracks, breaks or anything else that would prevent an • accurate measurement. Measuring and Recording When a precipitation event begins an authorized person will record the date and time. Each gauge shall be read at the end of each precipitation event or at least every 24 hours during long precipitation events. Each time a measurement is taken,the following information is recorded: 1. Date 2. Beginning and ending times of precipitation event(or amounts every 24 hours dining long precipitation events) 3. Amount of precipitation to the nearest 0.1 inch, including snow. Atter the measurement is taken and information is recorded,the precipitation win be poured out of the gauge and placed back in its mount. Recordkeeping Requirements All precipitation measurements will be recorded on the precipitation log in the facilities' record keeping book. This information is to remain on-site for 5 years and be available for inspection and copying by the Director of Colorado Department of Health& Environment and/or authorized representatives. • AURORA ORGANIC DAIRY • EXHIBIT 2 RECIEPT FOR FILING MYLAR PLAT WELD COUNTY,COLORADO DEPARTMENT OF PLANNING SERVICES 918 10"STREET (:REELEY,Ce o 80631 (PHONE:970.353-611000. E . 3540 t FAX:970-304-6498 Date: I"'I " 20�/') I Receipt No. �1 4 2 1 6 ee Received From:.Al AliY.:il�(,�i 1'ZGY'1 i - .StruLC vJ Permit Type No. ,Description. Fee • 4221-RE/SE 4221-ZPMH 4221-USR • 4221-SITE PLAN REVIEW 4221-CHANCE OF ZONE 4221-PUD . 4221-MINOWMAJORSUB • #OF BUILDABLE LOTS I 4221-ADDITIONAL 30% • • FEE FOR SUB's . 4221-RE-SUBDIVISIONS • • 4221-BOA 4221-FHDP/GIiDP • 4430-MAPS/POSTAGE. " 4430-COPIES 4730-INVESTIGATION FEE 6560-RECORDING FEE : USA /G,, _ I i'CV MISC. o_ Its • °CASH a/HIECKNO. 'if�.?9,'__... TOTALFKE Recelpted By:akt I�,�'(S DL# Exp. • AURORA ORGANIC DAIRY EXHIBIT 3 SUMMARY OF CONSENTS Neighbor Consent to Fogging Consent to Powerwashing Jim Noah Yes No Dennis Speicher Yes Pending Henry Shelley Yes Yes Ryan Reinick Yes Yes Myron Phinney Yes Pending Tom Shaw Yes Yes Tommy Orr Yes No Duane Mix Yes Yes Dave Rady Yes Pending Dave Blomquist Yes Yes Randy Kniffen Yes Yes Jim Wolfram Yes Yes • Stan Rogers Yes Refused/Objected Steve and Debbie Pirera Yes Pending Kyle Donlan Yes Yes (oral) Laurie Phinney Yes Pending Brad Peter Yes Pending Edina McKinney Yes Yes Jeff Adams Yes Yes • {Client\1153\00\02029931.DOC/1 • AURORA ORGANIC DAIRY EXHIBIT 4 FACT SUMMARY • AOD has operated dairies in Weld County since 1980, and during that time it has not had any material violations. This incident is the most serious and has been treated as such by the company. • As of the hearing on September 24, 2007, AOD had not fulfilled two conditions set forth in the approved Special Use Permit, namely the recording of the special use plat and obtaining the CAFO permit. The plat had not been filed because the landlord had not resolved the scope and the terms of an oil and gas easement on the property. However, the parties resolved the issues related to the oil and gas easement, and AOD submitted the plat to Weld County for recording on October 5, 2007. (See Exhibit 2). Further, AOD submitted an application for a CAFO permit on October 5, 2007. (See Exhibit 1). However, the CAFO permit cannot be issued until the State of Colorado completes its rewrite of the regulations. • AOD did not willfully fail to complete the conditions set forth in the Special Use Permit. • The mylar plat and the CAFO permit application were not filed as of the September 24, 2007 hearing because of the reasons set forth above in the preceding paragraph. • AOD has revised its nuisance control plan. (See Exhibit 6). In connection with the revised nuisance control plan, AOD would voluntarily propose additional inspections at the dairy in the spring, summer and fall of 2008. • The fly infestation was not a result of malfeasance by AOD. The fly infestation problem resulted from inexperienced employees at the High Plains Dairy and growing pains experienced by the company as it expands its operations in Weld County. The stalls at the dairy were not the source of the fly infestation problem. The fly infestation problem was an isolated event concerning one field at the dairy. • Upon learning of the fly infestation problem, AOD promptly and actively tried to mitigate the problem. AOD has tried to work with its neighbors adjacent to the dairy to determine how it could mitigate the problem. To that end, AOD conducted aerial spraying, fogging and reimbursed the neighbors for chemicals and traps used to eradicate the flies at their residences. (See Exhibits 3 and 5). • AOD has cooperated with the various Weld County officials. The lawyers for AOD promptly met with the Weld County Department of Planning and Zoning and other county officials on October 9, 2007. • {Client\1153\00\02029931.DOC/} • • The Department of Public Health and Environment did not state that the fly infestation was a public health problem in the Case Summary prepared by the Department of Planning Services and provided to the parties prior to the September 24, 2007 hearing. Furthermore, no persons at the September 24, 2007 hearing made statements that the fly infestation problem was a public health issue. • • I Cliend1153\00\02029931.DOC 1) r V t r r o a) a m n >., a- m n a) a m a c ?) cc El' Ec EL' Ed m O 030 wit MO Ca La CO W La a WO. ad. a a00_ as as o a ai ca)i a W ea)aa)i o cX 0cX 0 C K c t c Pc . c Pc Pv C 3 W 3o 3 -'0p 3 ° 30 `3 Y v Y ate) Y W Y v Y 0 Y -p5 O a) o M W a) OW OM W CO W j W j W j W .- W W On On on O -O on o -O c E c a c 'm fa E rd E E W LE) C o C U) E N E ,0 N E ..°) N 0 N m o a) pp a J a J a J a j a J p a J F O 00 0 8 a ma of- oo 0 � o occ) fa p0 m CD iv mo cO.1 CO 'et �7 flr COO co R III Q D lal T T }m 2 LL LL O O O O O O W a r 0 ° 2 0 a 0 0 0 d m m 0 o m CC ` 0 o U o U U LL a O. o U 0 F O O T a T T 2^ad Co ® T . in U Z d ,O LL LL LL LL LL .. O W LL (7 ro OIL 0 Z mm o 0 0 0 oLLN .O o ¢ x >' J d Z Z N E 0 N O al O1 0 O x a c a a n .o3 a y a O ) n3 O W ro ro E E E E E rn m m E W a a o. 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'' H k\tk �] 7\v, { 2 ozzz . . - . . emu - \27/k7\$ f $ J s § / f/\\/\/\\} \ — — - - 2 0E a ( a) § k al 2 ® gC § 2 46.k ) � I k ) ) � � �_ , J a ) ) ) « § 2 2ooao , § § ) S . _ r ] % G ckkk } ) j2 ) < .al < 77 \7 } 2 }$ cc ill � ( � { kf ) d . § § , < - e _ �. = e : 8 � � 0) , a - a0 I@p« « _ < _ _ ; 2U- 2 ) 22 _ 0 ) za I � � mm o & 2 & e § 7 [ § ) § 22 § § @goul0 § se, kk ( § o ° 2k § N. @N. 3 � � eGN. ® - m % oioj _ z � ° 8888 ° 0000 88888888888 j } ) ) cm 0 ) 2j ) \ N § ) g ) c aa0 § ® a a) a) . r 0 • AURORA ORGANIC DAIRY EXHIBIT 6 SUMMARY OF THE REVISED MANAGEMENT PLAN SUMMARY OF THE REVISED MANAGEMENT PLAN FOR NUISANCE CONTROL PREPARED BY AURORA DAIRY CORPORATION • WITH ASSISTANCE FROM AGRPROFESSIONALS,LLC AND DR. ALBERTO B.BROCE, PH.D. OCTOBER 2007 • I Cliem\I I53\00\02029826.DOC 1) • The information set forth in this document summarizes the new provisions added to the revised Management Plan for Nuisance Control that Aurora Dairy Corporation submitted to Lauri Exby of the Weld County Department of Planning and Zoning on October 19, 2007. Randy Checketts of Aurora Dairy Corporation provided the neighbors of the dairy with a copy of the revised Management Plan on October 20, 2007. The chart set forth below highlights the new procedures in the revised Management Plan for Nuisance Control, which Aurora Dairy Corporation will implement to control nuisances, specifically with respect to flies. In addition to revising the fly control procedures of the revised Management Plan, Aurora Dairy Corporation hopes to improve the air quality at the dairy by working in cooperation with Dr. Jessica Davis of Colorado State University. The company will participate in an on-farm research project to improve dairy farm related air quality by studying the air quality affects of different air flow patterns in and out of dairy barns. The company will apply any new techniques learned during the research project. Aurora Dairy Corporation has also revised the Management Plan to provide for the application of products, such as liquid magnesium chloride, which will mitigate the excess dust that results from increased dairy traffic. Application of products, such as liquid magnesium chloride, are designed for maximum control of dust and provide additional benefits, including, cleaner air, smoother driving surfaces, and greater safety • due to enhanced visibility. REVISED FLY CONTROL PROCEDURES la esr Terms of the Prior Management Plan Revised Management Plan for Nuisance for Nuisance Control Control Regular manure removal and Regular manure removal,lot composting: management and composting. High Plains manure management consists of: - Manure management removes both - Routine lot harrowing—generally every food sources and habitat. other day. - Routine lot scraping—generally once a month. - Routine vacuuming—generally twice a day. - Removed manure is windrowed to facilitate drying. - Parlor flushing with effluent separated through a liquid/solid separator. o Separated solids are combined with the removed lot manure (Client\1153\00\02029826.D OC/1 • Terms of the Prior Management Plan Revised Management Plan for Nuisance for Nuisance Control Control and windrowed. o Separated liquid is used as irrigation water. - The windrowed manure moisture content is decreased by windrow turning. High Plains will enhance this process by utilizing a compost turner. - The manure and compost inventory will be kept to a minimum in conjunction with the land application availability during the year and the requirements for High Plain's crop and pasture plan. - The application of the manure and compost inventory to the land will be monitored for moisture content. If moisture levels warrant, the land will be harrowed after application to facilitate further drying of the manure and compost. Minimize fly habitat by: Reduce other fly habitat by: • - Standing water, weeds and grass, - Standing water,weeds and grass, are all manure stockpiles, etc., are all prime prime habitat for reproduction and habitat for reproduction and protection. protection. High Plains' management Reduce or eliminate these areas where of these areas where practical consists practical. of: o Ditch burning and mowing along roadways and waterways. o Lot,pasture and roadway grading to reduce standing water. Biological treatments by: Biological control by: - Parasitic wasps are excellent biological - Parasitic wasps are excellent biological fly control and are widely used. The fly control and are widely used. The wasps lay their eggs in fly larvae wasps lay their eggs in fly larvae hindering fly reproduction. hindering fly reproduction. High Plains' biological control management n ill consist of: C > Assistance and consulting by Alberto B. Broce, Ph.D., Professor Veterinary Entomology of Kansas State University through 2008 in: • (Client\l 153\00\O2029826.DOC/) • Terms of the Prior Management Plan Revised Management Plan for Nuisance for Nuisance Control Control o Determining at the beginning of the 08' fly season, which naturally occurring wasp species is indigenous to the area. o Sourcing and in the release of the identified and selected wasp species at KSU recommended levels. o Quality control of the parasitic wasp. o Monitoring of fly populations in the immediate area including adjacent neighbors' premises by using traps and spot cards. o Training of High Plains' personnel on fly and wasp biological control and monitoring. o Establishing a plan of premises' • inspection to determine levels of fly breeding in order to guide modifications and implementation of control tactics. o Performing overall evaluation of the biological control program management. Baits and chemical treatments by: Baits and chemical treatments by: - Due to environmental and worker's - Due to environmental and worker's safety concerns, chemical treatments safety concerns, chemical treatments are a last line of defense for insect are a last line of defense for insect control. Baits and treatments must be control. Baits and treatments must be applied routinely. However, they are applied routinely,but are generally very very effective. Rodent control at High effective. High Plains' management of Plains Dairy is best achieved by such treatments consists of: minimizing spillage of feedstuffs around the operation. Good o USDA and National Organic housekeeping practices and regular Program approved fly sprays feedbunk cleaning,site grading and and baits, such as Pyganic. maintenance are used to reduce feed Application levels and methods • {Client11153W0102029826.DOC/) • Terms of the Prior Management Plan Revised Management Plan for Nuisance for Nuisance Control Control sources. Rodent traps and chemical of such will be warranted by the treatments are effective control results of the other control methods and will be used as necessary. measures previously outlined. o Sponsor bait areas on neighbors' premises who desire conventional methods of control if the results of the organic methods previously outlined are reasonably mutually agreed upon to be satisfactorily insufficient. • • )Clientll 153100102029826.DOC I) High Plains Dairy • Management Plan For Nuisance Control For High Plains Dairy 28520 WCR 72 Gill, Co 80624 Developed in accordance with Generally Accepted Agricultural Best Management Practices • Prepared By AURORA DAIRY CORPORATION WITH ASSISTANCE FROM AGPROfessionals, LLC AND DR. ALBERTO B. BROCE, PH.D. October 2007 • {ClientA1153V00A02029731.DOC/6) High Plains Dairy AGPROfessionals,LLC • Introduction This supplemental Management Plan for Nuisance Control has been developed and implemented to identify methods that High Plains Dairy, will use to minimize the inherent conditions that exist in confinement feeding operations. This supplement outlines management practices generally acceptable and proven effective at minimizing nuisance conditions. Neither nuisance management nor this supplemental plan is required by Colorado State statute or specifically outlined in the Colorado Concentrated Animal Feeding Operations Control Regulations. This is a proactive measure to assist integration into local communities. High Plains Dairy will use these management and control practices, to their best and practical extent. Legal Owner, Contacts and Authorized Persons Correspondence and Contacts should be made to: Juan Velez Aurora Organic Dairy 7388 State Highway 66 Platteville, Co 80651 The individual(s) at this facility who is (are) responsible for developing the implementation; • maintenance and revision of this supplemental plan are listed below. Juan Velez Vice President of Farm Operations (Name) (Title) (Name) (Title) Legal Description The concentrated animal feeding facility described in this NMP is located at: Lot A of Amended Recorded Exemption RE-178 being part of Section 11, Township 6N, Range 64W of the 6th P.M. • 2 {ClientA1153V00A0202973 I.DOC/6) High Plains Dairy AGPROfessionals,LLC • Air Quality Air quality at and around concentrated 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 High Plains Dairy will use. The manager shall closely observe pen conditions and attempt to achieve a balance between proper dust and odor control. Additionally, management is working with Dr. Jessica Davis of Colorado State University in on-farm research to improve dairy farm related air quality by studying the air quality affects of different air flow patterns in and out of dairy barns. Enhancements learned will be applied on site. 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 High Plains Dairy shall use to control dust are: I. 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 will be considered in the management of dust. 2. Regular manure removal High Plains Dairy will continue to conduct regular manure removal. Manure removal and pen maintenance will be conducted as needed. 3. 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. 4. Road Application Road application for increased dairy traffic will be managed appropriately and will use products such as liquid magnesium chloride which are designed for maximum control of dust and provide the following additional benefits: • Cleaner air, which leads to better health, better visibility and much cleaner vehicles, property, vegetation and living sites. • An inexpensive, smooth, firm, driving surface, which increases vehicle productivity, decreases fuel consumption and saves time. • • Greater safety by increasing driver visibility and decreasing risks caused by loose gravel, soft spots, road roughness and flying rocks. 3 {C11666 1153\00\0202973I DOC/6} High Plains Dairy AGPROfessionals,LLC • Odor Odors result from the natural decomposition processes that start as soon as the manure is excreted and continue as long as any usable material remains as food for microorganisms living everywhere in soil, water and the manure. Odor strength depends on the kind of manure, and the conditions under which it decomposes. Although occasionally unpleasant, the odors are not dangerous to health in the quantities one customarily notices around animal feeding operations and fields where manure is spread for fertilizer. High Plains Dairy will use the methods and management practices for odor control as follows: 1. Establish good pen drainage Dry manure is less odorous than moist manure. The dairy 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 dairy will conduct routine pen cleaning and harrowing as needed. 3. Composting Reduces volume, nutrients, odor and pests. High Plains will enhance this process by utilizing a compost turner. 4. 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 dairy to reduce standing water. The stormwater ponds will be dewatered regularly in accordance with the Manure and Wastewater Management Plan for High Plains Dairy. No chemical additives or treatments of the stormwater ponds for odor control are planned. Research to date indicates poor efficacy, if any, of these products. 5. Land application timing Typically air rises in the morning and sinks in the evening. High Plains Dairy will consider weather conditions and prevailing wind direction to minimize odors from land application. If it is determined that nuisance dust and odor conditions persist, High Plains Dairy may increase the frequency of the respective management practices previously outlined such as pen cleaning, surface grading and pen maintenance. Additionally, if nuisance conditions continue to persist beyond increased maintenance interval controls, High Plains Dairy will install physical or mechanical means such as living windbreaks and/or solid fences to further minimize nuisance conditions from dust and odors. • 4 {ClientA1153V00A02029731.DOC/6} High Plains Dairy AGPROfessionals,LLC • Pest Control Insects and Rodents Insects and rodents inhabit environments that have an adequate to good food supply and that foster habitat prime for breeding and living. High Plains Dairy manages insects and rodents' habitat and available food supply by minimizing the existence of such environments through practicing routine good housekeeping, feedbunk cleaning, site grading and maintenance. Traps and chemical treatments are effective control methods and will be used as necessary. Specifically, fly control will consist of: 1. Regular manure removal, lot management and composting Proper manure management removes both food sources and habitat for flies. High Plains manure management consists of: • Routine lot harrowing—generally every other day. • Routine lot scraping—generally once a month. • Routine vacuuming—generally twice daily. • Removed manure is windrowed to facilitate drying. • Parlor flushing with effluent separated through a liquid/solid separator. o Separated solids are combined with the removed lot manure and windrowed. • o Separated liquid is used as irrigation water. • The windrowed manure moisture content is decreased by windrow turning. • High Plains will enhance this process by retaining Al Organics to compost approximately 20 to 30% of its manure in accordance with the standard practices outlined on the attached Exhibit 1. High Plains will use the composted manure on the dairy's pastures and on other property owned or leased by Aurora Dairy Corporation. High Plains will haul the remaining 70 to 80% of the raw manure off-site to (a) the neighbors that have requested such raw manure for farming purposes, and (b) other property owned or leased by Aurora Dairy Corporation. High Plains agrees to provide the Weld County Department of Public Health and Environment a detailed description of the composting process by no later than January 1, 2008 and to the neighbors by no later than January 15, 2008. • The manure and compost inventory will be kept to a minimum in conjunction with the land application availability during the year and the requirements for High Plain's crop and pasture plan. • High Plains will monitor the moisture content in the manure and compost inventory it applies to its lands. High Plains will not apply manure to its lands if the moisture content of such manure poses a risk of creating an environment that would lead to a fly infestation. High Plains will harrow • those lands on which it applies manure, provided that crops have not yet 5 {ClientA1153V00A0202973I.DOC/6} High Plains Dairy AGPROfessionals,LLC • been planted on such lands or perennial crops have been established on such lands and will not be damaged by harrowing. 2. Reduce other fly habitat Standing water, weeds and grass are all prime habitat for reproduction and protection. High Plains will monitor each field and mow the grass and weeds as appropriate to control fly breeding conditions. High Plains' management of these areas where practical consists of: • Ditch burning and mowing along roadways and waterways. • Lot, pasture and roadway grading to reduce standing water. 3. Biological control Parasitic wasps are excellent biological fly control and are widely used. The wasps lay their eggs in fly larvae hindering fly reproduction. High Plains' biological control management will consist of: • Assistance and consultation by Alberto B. Broce, PhD, Professor of Veterinary Entomology of Kansas State University, through 2008 in the development of a detailed biological control plan, a copy of which will be provided to the Weld County Department of Public Health and Environment. High Plains will implement the biological control plan in 2008 and in the future, and will include the following: o Determining at the beginning of the '08 fly season, which naturally occurring wasp species is indigenous to the area. o Sourcing and in the release of the identified and selected wasp species at KSU recommended levels. o Quality control of the parasitic wasp. o Training of High Plains' personnel on fly and wasp biological control and monitoring. o Performing overall evaluation of the biological control program management. o At a minimum, High Plains will maintain the following records: (a) copies of invoices reflecting the purchase of wasps, (b) release dates for the wasps, (c) the number of wasps released on such dates, and (d) the location of such releases. High Plains continues to work with Dr. Broce on refining the details of its biological control plan and will provide the biological control plan to the Weld County Department of Public Health and Environment by no later than January 1, 2008. In addition, High Plains will present a copy of the biological control plan and the monitoring plan (Section 4 below) by January 15, 2008 to the neighbors of the dairy. At the presentation, employees of High Plains will discuss both plans and answer any questions from the neighbors. 6 {ClientAI 153V00A02029731.DOC/6) High Plains Dairy AGPROfessionals,LLC • 4. Monitoring Plan High Plains will monitor the effects of the biological control plan pursuant to the terms of a monitoring plan drafted by Dr. Broce. A copy of the monitoring plan shall be provided to the County by no later than January 1, 2008 and to the neighbors by no later than January 15, 2008. The monitoring plan will include the following protocols: • Monitoring the fly populations in the areas on and about the dairy, including adjacent neighbors' premises, by using traps and spot cards. • Establishing a plan of premises' inspection to determine levels of fly breeding in order to guide modifications and implementation of control tactics. 5. 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, but are generally very effective. High Plains' management of such treatments consists of: • USDA and National Organic Program approved fly sprays and baits, such as Pyganic. Application levels and methods of such will be warranted by the results of the other control measures previously outlined. • Sponsor bait areas on neighbors' premises who desire conventional methods of control if the results of the organic methods previously • outlined are reasonably mutually agreed upon to be satisfactorily insufficient. • Records will be maintained. 6. Records for the 2008 fly season High Plains will commit to maintaining records of all fly control activities for the 2008 fly season and make them available, upon request, to the County. In the event it is determined that nuisance conditions from pest such as flies and rodents persist, High Plains Dairy will initially increase the frequency of the housekeeping and management practices outlined previously. Iffurther action is necessary, High Plains Dairy will increase use of USDA organically approved chemical controls and treatments, such as fly sprays and baits and Rodendicide for pest control. • 7 {ClientA 1153\OV02029731.DOC/6) High Plains Dairy EXHIBIT 1 Composting Standards Compost Program will be managed by Al Organics of Eaton, CO, which is a local professional compost processor with an excellent reputation. The composting procedure key components will include: • Carbon to Nitrogen target ratio of 30:1 • Minimum windrow processing temperature of 131 degrees F for a minimum of 15 days • Moisture target ratio of 55% • Porosity management of the initial windrow building In addition, the Compost Program will: • Meet all applicable current and future county, state, and federal regulatory requirements • Include a Design & Operation Plan • Have STA certification • Include a documentation procedure • Ensure pathogen destruction • Include a testing procedure for finished product • Utilize best available technology in windrow production • Ensure containment control • • Ensure fly minimization including parasitic wasps • Minimize odor through properly managed aerobic process • Monitor temperature and compost turning for aerobic process management • {ClientA 1153V00A02029731.DOC/6} High Plains Dairy • Management Plan For Nuisance Control For High Plains Dairy 28520 WCR 72 Gill, Co 80624 Developed in accordance with Generally Accepted Agricultural Best Management Practices Prepared By • AURORA DAIRY CORPORATION WITH ASSISTANCE FROM AGPROfessionals, LLC AND DR. ALBERTO B. BROCE, PH.D. October 2007 • High Plains Dairy AGPROfessionals,LLC • Introduction This supplemental Management Plan for Nuisance Control has been developed and implemented to identify methods that High Plains Dairy, will use to minimize the inherent conditions that exist in confinement feeding operations. This supplement outlines management practices generally acceptable and proven effective at minimizing nuisance conditions. Neither nuisance management nor this supplemental plan is required by Colorado State statute or specifically outlined in the Colorado Cen€ iedConcentrated Animal Feeding Operations Control Regulations. This is a proactive measure to assist integration into local communities. High Plains Dairy will use these management and control practices, to their best and practical extent. Legal Owner, Contacts and Authorized Persons Correspondence and Contacts should be made to: Juan Velez Aurora Organic Dairy 7388 State Highway 66 Platteville, Co 80651 The individual(s) at this facility who is (are) responsible for developing the implementation; • maintenance and revision of this supplemental plan are listed below. Juan Velez Vice President of Farm Operations (Name) (Title) (Name) (Title) Legal Description The eeefnedconcentrated animal feeding facility described in this NMP is located at: Lot A of Amended Recorded Exemption RE-178 being part of Section 11, Township 6N, Range 64W of the 6th P.M. • 2 Workshare DeltaView comparison of 02029731.DOC and 02029731.DOC. Performed on 10/23/2007. High Plains Dairy AGPROfessionals,LLC • Air Quality Air quality at and around cen€tnedconcentrated 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 High Plains Dairy will use. The manager shall closely observe pen conditions and attempt to achieve a balance between proper dust and odor control. Additionally, management is working with Dr. Jessica Davis of Colorado State University in on-farm research to improve dairy farm related air quality by studying the air quality affects of different air flow patterns in and out of dairy barns. Enhancements learned will be applied on site. 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 High Plains Dairy shall use to control dust are: I. 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 will be considered in the management of dust. 2. Regular manure removal High Plains Dairy will continue to conduct regular manure removal. Manure removal and pen maintenance will be conducted as needed. 3. 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. 4. Road Application Road application for increased dairy traffic will be managed appropriately and will use products such as liquid magnesium chloride which are designed for maximum control of dust and provide the following additional benefits: • Cleaner air, which leads to better health, better visibility and much cleaner vehicles, property, vegetation and living sites. • An inexpensive, smooth, firm, driving surface, which increases vehicle productivity, decreases fuel consumption and saves time. • • Greater safety by increasing driver visibility and decreasing risks caused by loose gravel, soft spots, road roughness and flying rocks. 3 Workshare DeltaView comparison of 02029731.DOC and 02029731.DOC. Performed on 10/23/2007. High Plains Dairy AGPROfessionals,LLC • Odor Odors result from the natural decomposition processes that start as soon as the manure is excreted and continue as long as any usable material remains as food for microorganisms living everywhere in soil, water and the manure. Odor strength depends on the kind of manure, and the conditions under which it decomposes. Although occasionally unpleasant, the odors are not dangerous to health in the quantities one customarily notices around animal feeding operations and fields where manure is spread for fertilizer. High Plains Dairy will use the methods and management practices for odor control as follows: 1. Establish good pen drainage Dry manure is less odorous than moist manure. The dairy 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 dairy will conduct routine pen cleaning and harrowing as needed. 3. Composting Reduces volume, nutrients, odor and pests. High Plains will enhance this process by utilizing a compost turner. 4. 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 dairy to reduce standing water. The stormwater ponds will be dewatered regularly in accordance with the Manure and Wastewater Management Plan for High Plains Dairy. No chemical additives or treatments of the stormwater ponds for odor control are planned. Research to date indicates poor efficacy, if any, of these products. 5. Land application timing Typically air rises in the morning and sinks in the evening. High Plains Dairy will consider weather conditions and prevailing wind direction to minimize odors from land application. if it is determined that nuisance dust and odor conditions persist, High Plains Dairy may increase the frequency of the respective management practices previously outlined such as pen cleaning, surface grading and pen maintenance. Additionally, if nuisance conditions continue to persist beyond increased maintenance interval controls, High Plains Dairy will install physical or mechanical means such as living windbreaks and/or solid fences to further minimize nuisance conditions from dust and odors. • 4 Workshare DeltaView comparison of 02029731.DOC and 02029731.DOC. Performed on 10/23/2007. High Plains Dairy AGPROfessianals,LLC . Pest Control Insects and Rodents Insects and rodents inhabit environments that have an adequate to good food supply and that foster habitat prime for breeding and living. High Plains Dairy manages insects and rodents' habitat and available food supply by minimizing the existence of such environments through practicing routine good housekeeping, feedbunk cleaning, site grading and maintenance. Traps and chemical treatments are effective control methods and will be used as necessary. Specifically, fly control will consist of: 1. Regular manure removal, lot management and composting Proper manure management removes both food sources and habitat for flies. High Plains manure management consists of: • Routine lot harrowing—generally every other day. • Routine lot scraping—generally once a month. • Routine vacuuming—generally twice daily. • Removed manure is windrowed to facilitate drying. • Parlor flushing with effluent separated through a liquid/solid separator. o Separated solids are combined with the removed lot manure and windrowed. • o Separated liquid is used as irrigation water. • The windrowed manure moisture content is decreased by windrow turning. • High Plains will enhance this process by retaining A-1 Organics of another certified composting company to compost semeapproximatcly 20 to 30% of its manure in accordance with the standard practices outlined on the attached Exhibit 1. High Plains will use the composted manure on the dairy's pastures and on other property owned or leased by Aurora Dairy Corporation. l ugh Plains will haul the remaining 70 to 80% of the raw manure off site to (a) the neighbors that have requested such raw manure for farming purposes, and (b) other property owned or leased by Aurora Dairy Corporation. High Plains agrees to provide the Weld County Department of Public Health and Environment a detailed description of the composting process by no later than January 1, 2008 and to the neighbors by no later than January 152008. • The manure and compost inventory will be kept to a minimum in conjunction with the land application availability during the year and the requirements for High Plain's crop and pasture plan. • High Plains will monitor the moisture content in the manure and compost inventory it applies to its lands. High Plains will not apply manure to its lands if the moisture content of such manure poses a risk of creating an environment that would lead to a fly infestation. High Plains will harrow • those lands on which it applies manure, provided that crops have not yet 5 Workshare DeltaView comparison of 02029731.DOC and 02029731.DOC. Performed on 10/23/2007. High Plains Dairy AGPROfessionals,LLC • been planted on such lands or perennial crops have been established on such lands and will not be damaged by harrowing. 2. Reduce other fly habitat Standing water, weeds and grass are all prime habitat for reproduction and protection. High Plains will monitor each field and mow the grass and weeds as appropriate to control fly breeding conditions. High Plains' management of these areas where practical consists of: • Ditch burning and mowing along roadways and waterways. • Lot, pasture and roadway grading to reduce standing water. 3. Biological control Parasitic wasps are excellent biological fly control and are widely used. The wasps lay their eggs in fly larvae hindering fly reproduction. High Plains' biological control management will consist of: • Assistance and consultation by Alberto B. Broce, PhD, Professor of Veterinary Entomology of Kansas State University, through 2008 in the development of a detailed biological control plan, a copy of which will be provided to the Weld County Department of Public Health and Environment. High Plains will implement the biological control plan in • 2008 and in the future, and will include the following: o Determining at the beginning of the '08 fly season, which naturally occurring wasp species is indigenous to the area. o Sourcing and in the release of the identified and selected wasp species at KSU recommended levels. o Quality control of the parasitic wasp. o Monitoring of fly populations in the immediate area including adjacent neighbsrs'premises by using traps and spot cards. o Training of High Plains' personnel on fly and wasp biological control and monitoring. e—Establishing a plan of premises' inspection to determine levels of fly breeding in order to guide modifications and implementation of control tactics, a copy of which will be provided to the Weld County Department of Public Health and Environment. o Performing overall evaluation of the biological control program management. o At a minimum, High Plains will maintain the following records: (a) copies of invoices reflecting the purchase of wasps, (b) release dates for the wasps, (c) the number of wasps released on such dates, and (d) the location of such releases. • High Plains continues to work with Dr. Broce on refining the details of its biological control plan and will provide the biological control plan to the Weld County Department 6 Workshare DeltaView comparison of 02029731.DOC and 02029731.DOC. Performed on 10/23/2007. High Plains Dairy ,4GPROfessionals,LLC • of Public Health and Environment by no later than January 1, 2008. In addition, High Plains will present a copy-of the biological control plan and the monitoring lean (Section 4 below)_byJanuary 15_,2008 to the neighbors of the dairy. At the presentation employees of High Plains will discussbothp_lans and answer any questions from the neighbors. 4. Monitoring Plan High Plains will monitor the effects of the biological control plan pursuant to the terms of a monitoring plan drafted by Dr. Broce. A_copy of the monitorip plan shall be provided to the County by no later-than January 2008 and-to the neighbors by no later than January 15, 2008. The monitoring plan will include the following_protocols: • Monitoring the_fly-populations in the areas onand about the dairy, including adjacent neighbors' premises,by using traps and spot cards. • Establishing a plan of premises' inspection to determine levels of fly breeding in order to guide modifications and implementation of control tactics. 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, but are generally very effective. High Plains' management of such treatments consists of: • • USDA and National Organic Program approved fly sprays and baits, such as Pyganic. Application levels and methods of such will be warranted by the results of the other control measures previously outlined. • Sponsor bait areas on neighbors' premises who desire conventional methods of control if the results of the organic methods previously outlined are reasonably mutually agreed upon to be satisfactorily insufficient. • Records will be maintained. 5- Records for the 2008 fly season High Plains will commit to maintaining records of all fly control activities for the 2008 fly season and make them available, upon request, to the County. In the event it is determined that nuisance conditions from pest such as flies and rodents persist, High Plains Dairy will initially increase the frequency of the housekeeping and management practices outlined previously. Iffurther action is necessary, High Plains Dairy will increase use of USDA organically approved chemical controls and treatments, such as fly sprays and baits and Rodendicide for pest control. • 7 Workshare DeltaView comparison of 02029731.DOC and 02029731.DOC. Performed on 10/23/2007. High Plains Dairy • EXHIBIT I Composting Standards Compost_P_rogram will be managed by Al Organics of Eaton CO which is a local professional compost processor with an excellent reputation. The composting-procedure key components will include: • Carbon to Nitrogen target ratio of 30:l • Minimum windrow processine temperat_ureof 131 degrees F for_ a minimum of 15 day • Moisture target ratio of 55% • Porosity management of the initial windrow building In addition, the Compost Proam will: • Meet all applicable current and -future county, state and federal regulator requirements • Include a Design &Operation Plan • Have STA certification • Include a documentation procedure • Ensure pathogen destruction • Include a testing procedure for finished product • Utilize best available technology in windrow production • Ensure containment control • • Ensure fly minimization includingparasitic wasps • Minimize odor through properly managed aerobic process • Monitor temperature and compost turning for aerobicprocess management • • Document comparison done by Workshare DeltaView on Tuesday, October 23, 2007 6:54:21 PM Input: Document 1 WORLDOX://N:\WDOX\CLIENT\1153\00\-VER\5\02029731. DOC Document 2 WORLDOX://N:\WDOX\CLIENT\1153\00\02029731.DOC Rendering set Standard Legend: Insertion Deletion Moved from Moved to Style change Format change Moved delettinn Inserted cell Deleted cell Moved cell Split/Merged cell Padding cell • Statistics: Count Insertions 48 Deletions 10 Moved from 3 Moved to 3 Style change 0 Format changed 0 Total changes 64 • 2 Workshare DeltaView comparison of 02029731.DOC and 02029731.DOC. Performed on 10/23/2007. Hello