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Home My WebLink About20082648.tiff Jerry`.\_\\�\1\ `, Board of Weld County Commissioners Weld County Centennial Center j, 915 10th Street Greeley, CO 80631 August 8, 2008 Dear Board of Weld County Commissioners, Enclosed please find information regarding Aurora Organic Dairy/Brad and Scott "" Cockrofts Dairy, LLC, located at 28520 Weld County Road 72 in Gill, CO 80624 (USR r; #1602). The enclosed packet will provide background information for the August 13, 2008 Hearing, Docket#2007-84.A, and includes all of the reports and information that ,, have been provided to Weld County Department of Public Health and Environment, i , Weld County Department of Planning Services and our High Plains Dairy neighbors since the original October 2007 hearing. The following represents an index of the enclosures: • , 1. Letter, dated August 8, 2008, from Aurora Organic Dairy CEO, Marc Peperzak summarizing our commitment to Weld County. 2. Letter, dated August 6, 2008 from George Ottenhoff, Lind, Lawrence & Ottenhoff LLP, regarding Surface Use Agreement for Cockroft/Aurora Organic Dairy. 3. Revised Management Plan for Nuisance Control for the High Plains Dairy, submitted to Weld County Department of Public Health and Environment on December 31, 2007 4. Memorandum in response to request from Trevor Jiricek at Weld County Department of Public Health and Environment, dated April 16, 2008. 5. Copy of e-mail response to request from Trevor Jiricek at Weld County Department of Public Health and Environment, dated May 22, 2008, including attachments. 6. Copies of letters sent to High Plains neighbors. 7. Scheduled Monitoring Reports to Laurie Exby and Trevor Jiricek at Weld County Department of Public Health and Environment, dated May 30, 2008 and July 30, 2008. •` ' Exton* 2008-2648 #( • 8. Progress Report on Nuisance Management Plan from Dr. Alberto Broce, Kansas State University entomologist. 9. Letter from Beneficial Insectary confirming numbers of parasitic wasps purchased by Aurora Organic Dairy. We look forward to discuss our progress with you at the hearing on August 13t. Sincerely, ` Sonja Tuit Vice President of Communications (720) 564-6296, ext. 137 Sonja"17 Auroraerganic.com Copies: Laurie Exby, Chris Gathman, Bruce Barker, Esq. • Board of Weld County Commissioners Weld County Centennial Center �t: 915 10th Street Greeley, CO 80631 August 8, 2008 Dear Board of Weld County Commissioners, This letter is being submitted as background information on Aurora Organic Dairy, our "' history and support of Weld County, Colorado. r I,personally, have operated businesses in Weld County for nearly 30 years. My original `, dairy company—the Aurora Dairy Company—had operated in Weld County since 1980 at the Hwy. 66 location in Platteville, which we converted to an organic dairy farm in 2003 when we established Aurora Organic Dairy. Throughout these 28 years, we have spent approximately $10 million annually in Weld County to support local farmers, local ct citizens with jobs and housing, and other local services as extensions of our farms and c facilities. • c : Our business presence in Weld County has since grown through the development of our High Plains Dairy near Kersey and processing plant in Platteville. Accordingly, we have made an even greater investment and commitment to Weld County as part of our future plans. For the August 13, 2008 Weld County Commissioners hearing, we thought it appropriate to ensure the Commissioners are knowledgeable about our company. Therefore, we are submitting the attached documents, which will provide an overview of Aurora Organic Dairy and the benefits we bring to Weld County. vi Sin erely, Marc Peperzak t Chief Executive Officer (720) 564-6296, ext. 121 tilaRTI ;Auiui tOigani( L0W • ORGANIC DAIRY -' Commitment to Weld County While our reach is fat; our home communities benefit the most A $40 million investment in Platteville, our state-of-the-art milk processing facility was developed three years ago with the most current technology available. One of the largest in Colorado, this facility has the capacity to produce 60 million half- gallons of organic milk each year— right in Weld County. • Our organic milk reaches retail shelves in all 50 states. • Our customers represent the nation's leading retailers. • Due to the fact that our facility represents the latest in technological advances in the dairy industry and employs best practices in organic dairy production, we have brought the world to Weld County. We have hosted delegations of our retail customers, leaders in the dairy community, organic experts and regulators at our farms and processing facility, bringing a diverse group of educated business • people to Weld County. • We have one of the few ultra-pasteurization plants in the country, which increases the shelf-life of our organic milk. This means we can produce milk that is distributed nationally, thereby increasing our reach beyond what dairies without this technology can distribute, and creating a competitive advantage for our company. • We received a gram of approximately $500,000 from the Greeley/Weld County Economic Development Action Partnership to allow us to connect our processing plant sewer line to the St. Vrain Sanitation District. We have built our own wastewater treatment plant behind our processing facility so that we can return this water to the St. Vrain Sanitation District for reuse. Aurora Organic Dairy donates $325,000 annually to organic dairy research and agricultural studies for the dairy industry. • We sponsor $100,000 annually for Colorado State University research projects related to organic dairy. • We donate $20,000 annually to scholarships for 10 Colorado State University students each year. • We provide on-the-job training for agricultural science student internships at our Weld County farms and facilities. • The new Rocky Mountain Center for Organic Dairy Research, which is part of our Platteville Farm redevelopment, will be created in coordination with Colorado • State University's College of Agricultural Sciences and will increase the research activities on our Platteville farm. 1 Aurora Organic Dairy has preserved open space and helped to protect the • environment and the health of our communities by converting over 1,150 acres of Weld County farmland to organic • Aurora Organic Dairy has been one of the largest converters of organic acreage in the state of Colorado. • This means the land cannot be treated with synthetic pesticides and herbicides that go into the air we breathe and the ground water we drink. It also means we practice sustainable agriculture on this land, which maintains the health and nutrient base of the soil, and ensures future pasture crops will have an opportunity to thrive. • Our animals are handled with the highest humane treatment standards in the dairy industry. Unlike on conventional farms, our animals are never given antibiotics or synthetic growth hormones, which keeps these synthetics out of soil and ground water in the communities where we operate farms. Aurora Organic Dairy continues to invest in our Weld County farms and facilities • Our Platteville has recently undergone a $3+ million renovation, which includes: o Reduction of the milking herd from approximately 4000 to 1000, which is the number we will maintain going forward. o Demolition of the majority of barns, pens and paddocks. This area has been converted into additional organic pasture, allowing us to increase organic pasture from 325 acres to 400 acres. • o Complete rebuilding of the single remaining milking parlor with improved facility and a state-of-the-art radio frequency system to monitor animal health. o Creation of a new calf-raising facility on the farm. All calves are organically born and will re-enter the herd as organic milking cows. All replacement cows will be organically born. o A significant increase in the research activities on the farm including innovative organic dairy research we are sponsoring and conducting with Colorado State University's College of Agricultural Sciences • Our Platteville Processing facility will eventually he expanded to include production of other organic dairy product lines, requiring a significant investment in equipment and new job creation. • Our High Plains Dairy Farm near Kersey was a $14 million investment. Aurora Organic Dairy has created nearly 175 new jobs in Weld County,paying approximately $8.5 million in salaries and benefits to employees in Weld County annually. • We employ: • 35 people at the Platteville Dairy • 65 people at our Platteville processing facility • 61 people at our High Plains Dairy near Kersey/Gill • 22 people at our Ray Glo Dairy near Kersey • • Employee benefits are the same for all levels of the organization and exceed what • most farm operations offer to their workers. All of our farm employees receive medical insurance, paid time off, life insurance and 401K participation. • We provide employee housing for many of our workers and own or rent several residences in Weld County. We expect to continue to purchase residential real estate for our employees in Weld County. • We are experts in organic dairy. Our management team has been in the organic dairy industry since its establishment in the mid-1990s, as most of us were the pioneers who started Horizon Organic Dairy, the leading organic brand in the U.S. I have spent 35 years in the dairy industry—both conventional and organic— and have hired people who have a long history managing dairies. In fact eight of our employees have over 10 years of service with the company and 38 have between five and 10 years of service. • We provide significant management and employee training with opportunities for advancement within our organization. Aurora Organic Dairy will contribute approximately $370,000 to the tax base in Weld County in 2008. Aurora Organic Dairy has forged new partnerships to increase our support of our local communities in Weld County • We recently announced a partnership with Weld Food Bank. We will regularly donate cows to be converted to ground beef and any overstock milk from our • processing facility. • We donated to the Northern Colorado Red Cross for tornado relief and matched all employee donations. • We work with the local 4-11 and FFA chapters and provide the support to them, such as product donations, animal donations and monetary funding. • We have established several Good Neighbor programs at our High Plains Dairy Farm to build relationships with our neighbors, inform them of our operations and address any concerns they might have. This includes hosting Open House events and tours, giving away free milk on the first Saturday of every month and responding to their needs, such as plowing roads, applying dust control and providing them with manure in the winter months to spread on their fields. Our mission is to make high-quality organic milk and butter more affordable and available to more people. • To achieve this mission, we have demonstrated that organic agriculture can be done with a larger-scale operation and it has proven to benefit farms of all sizes and scales, as well as organic milk consumers. • 3 LIND, LAWRENCE & OTTENHOFF LLP • Attorneys and Counselors at Law 355 EASTMAN PARK DRIVE,SUITE 200 WINDSOR.COLORADO 80550 GEORGE H.OTTENHOFF TELEPHONE:970-674-9888 BRADLEY C.GRASMICK KENNETH F.LIND TELECOPIER:970-674-9535 DAVID P.JONES KIM R.LAWRENCE george@llolaw.com CHRYSTEN S.HINZE P.ANDREWJONES THEODORE J.FINN JAMES D.BRAMER* W W W.LLOLAW.COM MEGAN H.PETERSON- CLINTON P.SWIFT KELLY J.CUSTER 721 EAST LINCOLN WAY CHEYENNE,WY 82001 TELEPHONE 307-635-2480 'Also admitted in Wyoming —Also admitted in Wisconsin August 6, 2008 Board of Weld County Commissioners 915 10'h Street Greeley, CO 80631 RE: Surface Use Agreement for Cockroft/Aurora Organic Dairy Dear Commissioners: This letter describes the efforts that have been made in behalf of Brad and Scott • Cockrofts Dairy LLC ("CBS") and Aurora Organic Dairy ("AOD") of the good faith efforts to reach agreement on a reasonable surface use agreement with the owners and lessees of the mineral interests in the real property owned by Cockrofts Brad and Scott Dairy LLC, and leased to Aurora Organic Dairy ("AOD") located in Section 11, Township 6 North, Range 64 West. In approximately April 2007 Scott Cockroft asked me to review a proposed Surface Use Agreement which had been presented to him by the mineral owner, Anadarko. The proposal was designated "Draft #2 Surface Use Agreement dated April 9, 2007" (SUA)( A copy is attached as Exhibit "A"). Scott informed me that the SUA was being considered in connection with an application for a use by special review which AOD had submitted for the purpose of increasing the size of the dairy herd from 3,200 head, the number permitted as a use by right, to 4,500 head. Scott informed me that the dairy had been fully constructed and was in operation with 3,200 cows, and that there would be no additional buildings, corrals or other facilities constructed. The only change would be the increase in the number of cows. Despite the limited nature of the change and the fact that there would be no additional improvements, Weld County required that as a pre-condition to granting the USR the applicant enter into a Surface Use Agreement with owners and/or lessees of the mineral rights in the property. • Legal Solutions for Colorado and the West As I reviewed the SUA, I became more and more outraged at the inclusions of provisions that can only be characterized as extortion. These included, but were not limited to, Anadarko's • demands: (1) for exclusive easements for all of its flow lines and pipelines, (2) that no temporary or permanent fences could ever be placed on or across any portion of an operation area or a pipeline or flowline, (3) that tank batteries be located in the middle of crop or pasture land that is irrigated by center pivot sprinklers, (4) that CBS waive all right to surface damages and any other payments to which it might be entitled by virtue of law, ordinances or regulations of the Colorado Oil and Gas Conservation Commissions (COGCC), (5) that CBS waive all setback requirements of COGCC rules applicable to roads, production facilities, buildings and property lines, and (6) that CBS pay the cost of any and all noise and visual impact mitigation measures that Weld County might require of Anadarko which are greater than those measures required by COGCC. Finally, and most outrageous of all, was the demand that CBS agree to terminate a 1993 surface owner's agreement in which Anadarko's predecessor had agreed to pay Cockroft, or the owner of the property, the Union Pacific "Courtesy Royalty Payment" equal to 2'A% of production proceeds. In late May or early June of 2007 I wrote to Anadarko advising that the proposed SUA was totally unacceptable, and I sent them a standard and reasonable counterproposal agreement that would be acceptable to CBS. I received no response to the counterproposal. In the summer of 2007, I began working with Dan Casper of Anadarko with regard to a surface use agreement for another client on a farm on which Anadarko wanted to drill additional wells. In that case Anadarko was forced to negotiate at arms length, and did not present any of • the ridiculous demands that were contained in the proposed Cockroft SUA. I commented to Mr. Casper about the outrageous proposal that had been submitted to the Cockrofts. He informed me that he was working on the Cockroft SUA, and that he would like to meet with me about it. He also asked me to send my counterproposal to him. I did send the counterproposal to him on July 9, 2007 and he responded by saying that he would review it "and get back to me as soon as possible". I have never received any response from Anadarko to that counterproposal. Mr. Casper did contact me after that time to schedule two or three different meetings to discuss the SUA, but Anadarko cancelled each one of them. None of the meetings was cancelled at the request of Cockroft or AOD as has been previously suggested by Anadarko. Finally on November 29, 2007 a meeting was held which was attended by representatives of and the attorney for Anadarko and Noble Energy, Scott Cockroft and myself At that meeting Mr. Cockroft and the representatives of Anadarko and Noble were congenial and cooperative with each other, and locations for additional well sites and tank batteries were identified which would not interfere with operations on the land. Existing fences were discussed, and Mr. Cockroft agreed to temporarily move fences which would interfere with drilling activities. The meeting concluded with the understanding that Aurora and Noble's attorney would redraft the SUA to eliminate provisions that had previously been objected to, and to provide for the alternative sites that had been finalized at the meeting. On December 17, 2007 I received a revised SUA designated "Draft #3 Surface Use Agreement dated December 11, 2007". This draft eliminated only the two most egregious Anadarko demands from the previous draft, and still contained numerous unacceptable provisions. I made further revisions to this Draft #3, and submitted this Draft #3 • counterproposal to the attorney for Anadarko and Noble on January 29, 2008, with the request that she inform me whether or not the revisions were acceptable. See attached Exhibit "B". I • have never received any response whatsoever from Anadarko and Noble's attorney regarding the counterproposal Draft #3, nor have I received any communication whatsoever from anyone at Anadarko or Noble since December 17, 2007 indicating any interest in attempting to reach a reasonable and mutually agreeable surface use agreement. Conclusion: CBS (and AOD) have made substantial and numerous good faith attempts to mitigate reasonable concerns of mineral owners, but the mineral owners have failed to respond or discuss such proposals for over seven months. The additional well and battery locations as approved in the November 2007 meeting are shown on attached Exhibit "C". Very truly yours LIND, WRENCE & O TENHOFF LLP GHO/en • • Draft#2 Surface Use Agreement dated April 9, 2007 • SURFACE USE AGREEMENT THIS SUJFACE USE AGREEMENT ("Agreement") is effective this day of 2007, liy and among ANADARKO E&P COMPANY LP ("Anadarko E&P"), formerly know--as Union Pacific Resources Company, ANADARKO LAND CORP. ("Anadarko Land"), formerly known as Union Pacific Land Resources Corporation (together the "Anadarko Entities"), both with an address of Post Office Box 1330, Houston, Texas 77251- 1330; NOBLE ENERGY PRODUCTION, INC. ("Noble") and UNITED STATES EXPLORATION, INC. ("UXP"), both with an address of 1625 Broadway, Suite 2000, Denver, Colorado 80202; PETRO-CANADA RESOURCES INC.; ("Petro-Canada") with an address of 1099 18th Street, Denver, Colorado 80202; PETROLEUM DEVELOPMENT CORPORATION ("PDC") with an address of , Denver, Colorado 80 (the Anadarko Entities, Noble, UXP, PDC and Petro-Canada are-referred to individually or collectively as the L"Oil Company' or "Oil Companies") and f26CKROFT DAIRY LLC Suface Owner") with an address of _ _ ( A. Surface Owner owns the surface estate for property located in Weld County, Colorado, in Section 11, Township 6 North, Range 64 West, which is more specifically described in the attached Exhibit 1 and referred to hereinafter as the"Property." • B. Surface Owner proposes to develop the surface estate for the Property for dairy operations. C. The Anadarko Entities together own all of the oil, gas and associated liquid hydrocarbons that underlie the Property, and Anadarko Land owns the minerals exclusive of oil, gas and associated liquid hydrocarbons under the Property. D. UXP, Noble, PDC and Petro-Canada all own certain oil and gas leasehold interests in the Property that each derived through the Anadarko Entities or their predecessor entities. E. Petro-Canada currently operates two producing oil and/or gas wells on the Property, one in the NW/4NW/4 known as the Cockroft 11-22 and the other in the SW/4NW/4 known as the Cockroft 11-23. F. PDC currently operates four producing oil and/or gas wells on the Property in the NE/4SE/4 known as the Cockroft 43-11; NW/4SE/4 known as the Cockroft 33-11; SE/4SE/4 known as the Cockroft 44-11 and the SW/4SE/4 known as the Cockroft 34-11. G. UXP currently has permits from the Colorado Oil and Gas Conservation Commission ("COGCC") to drill five oil and/or gas wells on the Property in the NE/4NW/4 to be known as the Cockroft USX A 11-3, in the SE/4NW/4 to be known as the Cockroft 22-11; in • EXHIBIT 1 A the NW/4NE/4 to be known as the Cockroft USX A 11-2; in the SE/4/NE/4 to be known as the • Cockroft USX A 11-8 and in the SE/4SW/4 to be known as the Cockroft USX A 11-14. H. The wells and permitted well locations identified in Recitals E., F. and G. are hereinafter referred to as the"Existing Wells." I. Current COGCC rules and regulations allow the owners and/or lessees of the oil and gas for the Property to locate oil and/or gas wells in five drilling windows in a quarter section, one in approximately the center of each quarter quarter section in a 400 foot by 400 foot window and one in the center of the quarter section in an 800 foot by 800 foot window. J. The parties enter into this Agreement to provide for the coexistence and joint development of the surface estate and the oil and gas estate for the Property and to delineate the process with which they will comply with respect to the development of the two estates. K. This Agreement is limited to the compatible development of the surface estate and the oil and gas estate for the Property; it does not in any respect apply to the minerals other than the oil, gas and associated liquid hydrocarbons owned by Anadarko Land. NOW THEREFORE, in consideration of the covenants and mutual promises set forth in this Agreement, including in the recitals, the parties agree as follows: 1. Oil and Gas Operations Areas. - • a. The Oil Companies agree that they shall drill and/or operate oil and/or gas wells on the Property only within the twenty locations identified on Exhibit 2, eleven of which are the locations for the Existing Wells and the other of which are located in the centers of the , _, , and of Section 11. Such reserved locations on the Property are hereinafter referred to individually or collectively, as the case may be, as the "Oil and Gas O_perations Area" or the"Oil and Gas Operations Areas." b. Operations and uses within the Oil and Gas Operations Areas include, but are not limited to, drilling, completion, and maintenance of wells and equipment, production operations, workovers, well recompletions and deepenings, fracturing, twinning, and drilling of replacement wells and the location of associated oil and gas production and drilling equipment and facilities. c. The Oil and Gas Operations Areas shall include the areas that are generally in the shape of a circle with a radius of feet as reflected on Exhibit 2. d. The Oil Companies shall continue to have the right to drill one or more wells with attendant facilities within all Oil and Gas Operations Areas and to deepen, recomplete or twin any well that is drilled or has been drilled, as well as to drill directional and horizontal wells that • produce from and drain the Property or lands other than the Property. • 2 ✓'i5 A 1 e. The Oil Companies shall also have the right to locate, build, repair and maintain I G' • tanks, separators, dehydrators, compressors and all other associated oil and gas drilling and I '1' production equipment and facilities within the Oil and Gas Operations Areas. f Surface Owner shall not plat surface property lines or install or construct fence I ,v I roadways, trees, bushes or any other permanent or tem orar&improvements within the Oil and Gas Operations Areas or the towlines and_ _e_easemeesareasprovided for herein, and no I --- temporary or permanent building, structure or other improvement shall be located by Surface Owner within the Oil and Gas Operations Areas or the flowlines and pipeline easement areas. 'i The Oil and Gas Operations Areas and flowline and pipeline easement areas shall be for the ' exclusive use of oil and gas operations and production and for the location of oil and gas wells) i! and associated oil field drilling and production equipment. 1' 2. Production Facility Locations. a. The Oil Companies agree that they shall locate oil and gas drilling and production equipment and facilities, including tank batteries only within the Oil and Gas_Dperations_Areas and the locations identified on Exhibit 2 as the Production Facility Locations, hereinafter referred to together or individually, as the case may be, a` s'the"Production Facility Location" or the"Production Facility Locations." b. Each Production Facility Location shall include the area reflected on Exhibit 2. • c. The terms in section 1.1 above shall also apply to the Production Facility Locations. 3. Access to Oil and Gas Operations Areas. a. Access to the Oil and Gas Operations Areas shall be at the locations identified on Exhibit 2 after such time as the particular access road has been constructed. b. Access may be changed by mutual agreement of Surface Owner and the / appropriate Oil Company or Oil Companies; provided however, all costs and expense of such relocations shall be borne by the party that requests them. d. Surface Owner shall provide access to all Oil and Gas Operations Areas continuously and at all times both before and following the construction of the access roads identified on Exhibit 2. No party shall unreasonably interfere with the use by the other of an access road. e. Prior to the construction of the permanent paved roads within the Property, Surface Owner shall have no obligation to pave or maintain access routes that are used exclusively by the Oil Companies. At such time as Surface Owner constructs the roads within all or pertinent portions of the Property, Surface Owner shall keep the portions of access roads jointly used by Surface Owner and the Oil Companies in good condition and repair until such • i roa s-are a icated to a local jurisdiction; provided however, if onesfthe Oil.Companies cans s 3 damage to a portion of a road that is jointly used by the Oil Companies and Surface Owner and • that was constructed to the specifications in section 3.f.(1), then the Oil Company shall promptly repair any damage that is a direct result of its use of the road. f. Construction and Width of Access Roads. (1) Access roads or portions of access roads that are jointly used by the Oil Companies and Surface Owner shall be thirty (30) feet or more in width. and, when Surface ._� Owner constructs access roads on the Property, irface Owner shall construct or improve{all laved or improved joint access roads so as to withstand the weight of oilfield equipm '4, Specifically, Surface Owner shall construct the roads so that they can be used to withstand the I lweight of 104,000 pounds and 26,000 pounds per axle. I "' (2) Access roads or portions of access roads that are used exclusively by t \be ' Oil Companies shall be generally thirty (30) feet or more in width, and the Oil Companies shall 'I • install and maintain such roads or portions of roads to those state and local standards that apply to oil and gas operations. g. If Surface Owner proposes to construct roads that will cross over pipelines that are then installed on the Property, Surface Owner shall pay the applicable Oil Company the costs *'-/ 1 to have the Oil Company sleeve the portions of the pipelines that are to be crossed-by the roads,.) such payment to be made in advance of the work. Surface Owner shall not install the portion of the road that crosses a pipeline until the pipeline has been sleeved. • h. Surface Owner agrees that it will obtain and pay the costs to obtain from the local jurisdiction, permits for curb cuts as deemed necessary by the Oil Companies. Said curb cuts/ shall be forty(40) feet in width. J4 Pipelines, Flowlines and Pipeline Easements. 1 e+ice a. Pipeline easements shall be at the locations identified on Exhibit 2. / b. Locations of pipelines and such easements may be changed by mutual agreement of Surface Owner and the appropriate Oil Company or Oil Companies; provided, however, all costs and expenses of such relocations shall be borne by the party which requests the relocation. In the event that Surface Owner requests the relocation of a pipeline or flowline, the applicable Oil Company shall provide Surface Owner with a written estimate of the relocation costs which Surface Owner shall thereafter promptly remit to the Oil Company. The payment shall be adjusted up or down, based on actual costs, upon completion of the work and after an itemized statement is provided to Surface Owner. c. Pipeline easements shall be fifty (50) feet in width during construction activities {a and thirty j301 feet in— w—'n all operations, maintenance and transportation activities. Flowline easements shall be thirty(30) feet in width for all operations. /1e'" • II , ,vv, C..v- 1 V :`"n1�v`i� d. Except as provided in section 4.e. p61ow, pipeline easements shall be for the • L- exclusive use of oil and gas production operations; provided, however, the easements maybe,I shared by the Oil Companies and their lessees, assignees of lessees and successors and assigns. e. Surface Owner shall have the right to cross pipeline easements with roadways and other utilities; provided that, such crossing is made at an angle of not less than 60 degrees and not more than 90 degrees. Surface Owner shall also have the right to install and maintain easements that are both adjacent to, and within, the easements identified herein, for utility lines, including those for water, gas, sewer, electric, telephone, cable, television, and fiber optic and other pipelines; provided, however; i) any new underground facilities that travel along a pipeline easement identified herein shall be located a distance horizontally of at least ten (10) feet from parallel existing pipelines; ii) any new underground facilities shall have at least twenty-fou24) inches of vertical clearance between such new facility and a pipeline provided for herein; and iii) any overhead power lines shall be at least twenty (20) feet above the ground. Surface Owner agrees that, and will notify each utility company that, except in cases of emergency, the Oil _ Companies must be contacted at least ten business days prior to commencement of any trenching or digging activities within ten feet of their easement areas. f. Surface Owner shall grant the pipeline easements reflected on Exhibit 2 (for production from the Property and/or other lands) to the Oil Companies at the time the Oil Companies request them and at no cost to them. g. Surface Owner will provide the Oil Companies with at least fourteen (14) days • advance written notice before it begins to pave current and future streets and access routes, as applicable, in order to allow the Oil Companies to lay new flowlines or pipelines that cross underneath the streets or access routes. If Surface Owner does not give the notice required herein, the Oil Companies may bore underneath the paved streets and access routes, such costs and expenses for the boring to be paid by Surface Owner. 5. Plats and Local Applications. Surface Owner shall identify the Oil and Gas Operations Areas, Production Facility Locations and all access routes and pipeline easements on its plats and in all applications for development it files with a local jurisdiction, and the plats shall include restrictions that no property line or temporary or permanent building structure or other improvement related to the surface development shall be located, constructed or installed within the Oil and Gas Operations Areas, Production Facility Locations or pipeline easements. Surface Owner shall record the plats in the Office of the Clerk and Recorder of Weld County and provide written evidence to the Oil Companies of the recording. Il 6. Waiver of Surface Damage Payments. Surface Owner hereby waives all surface j e , •I damage payments and other such payments for the use of the Property or portions thereof t pursuant to any current or future COGCC or local regulation, state statute, common law or prior 1 ! i \, /� agreement for each and every well and related wellsite that is or will be drilled and located (-/j'�\ within the Oil and Gas Operations Areas and for associated oil and gas equipment and facilities JJJ ; to be located within the Oil and Gas Operations Areas and the Production Facility Locations and Cro flowlines, access routes and pipeline easements. The Oil Companies or their lessees or their • ' 5 assignees may provide a copy of this Agreement to the COGCC or any local jurisdiction, person • or entity or court of law as evidence of this waiver. 7. Waiver of Setback Requirements. Surface Owner understands and acknowledges that the COGCC has rules and regulations that apply to the distance between a wellhead and e v c public roads, production facilities, building units and surface property lines, among other things. A ,C Surface Owner hereby waives all setback requirements in COGCC Rule Mn, or any successor rule or amendment to the COGCC setback rules, and to any other state or local setback requirements or other requirements or regulations that are or become inconsistent with this Agreement or that would prohibit or interfere with the rights of the Oil Companies, or their successors and/or assigns, to explore for and produce the oil and gas in accordance with thl's Agreement. Surface Owner understands that the Oil Companies may cite the waiver in this section 7 in order to obtain a location exception or variance under COGCC rules or from a local jurisdiction. 8. Governmental Proceedings. a. Surface Owner Will Not Object. Surface Owner agrees that it will not object in any forum to the use by the Oil Companies of the surface of the Property consistent withihis Agreement and hereby waives any such right to object. Surface Owner further agrees that it will provide such other written approvals and waivers that are requested by the Oil Companies and consistent with this Agreement, including, but not limited to, all approvals and waivers to drill a well or to conduct oil and gas operations on the Property because of any law or regulation, • including any local ordinance and regulations of the COGCC, and including, for example, waivers to state and local setback requirements and to any setback requirements from a surface property line or for an exception location. Surface Owner waives any rights it has to require or request a surface inspection for wells proposed to be drilled on the Property for the purpose of requesting that conditions be attached to a permit to drill the well. Surface Owner further consents to the location of multiple wells within an Oil and Gas Operations Area that are greater or less than fifty feet apart so long as all such wells are located within the Oil and Gas Operations Area. b. Oil Companies Will Not Object. The Oil Companies agree that they will not object in any forum to a request by Surface Owner to annex, zone, rezone, plat or replat all or any portion of the Property to extent such request is consistent with this Agreement and the attached Exhibits. 9 Notices of Hearings. Surface Owner shall provide the Oil Companies with written notice not less than thirty (30) days before each hearing for consideration of a plat application or other land use application for the Property or portions of the Property to be held before a local jurisdiction. 10. Notice to Homeowners and Builders. Surface Owner shall furnish all builders and purchasers which purchase all or any portion of the Property that is within 350 feet from an Oil and Gas Operations Area or a Production Facility Location or a flowline or pipeline • easement, with a plat that shows the locations of the Oil and Gas Operations Areas, Production 6 Facility Locations and the flowlines and pipeline easements. In addition, Surface Owner shall • provide written notice to all such purchasers that includes the following: i. they are not purchasing and will not own any rights in the oil, gas and mineral estate in and to the Property; ii. there may be ongoing oil and gas operations and production on the surface of the Property within the Oil and Gas Operations Areas, Production Facility Locations, pipelines and flowline easements and access routes; iii. there are likely to be additional wells drilled and additional oil and gas production facilities constructed and installed within the Oil and Gas Operations Areas and/or the Production Facility Locations and additional flowlines and pipelines constructed and maintained on the Property; iv. heavy equipment will be used by the Oil Companies from time to time for oil and gas drilling and production operations and such operations may be conducted on a 24-hour basis; and v. homeowner associations and buyers of individual lots or homes will be subject to and burdened by all of the covenants and waivers made by Surface Owner in this Agreement, including, but not limited to those covenants and waivers; a) prohibiting the location of any temporary or permanent building, structure, or other improvement • within the Oil and Gas Operation Areas and Production Facility Locations; b) waiving objections to the drilling of wells, the construction of facilities, and the conduct of oil and gas operations on the Property consistent with this Agreement; c) waiving surface damage payments; d) waiving objections to the setback requirements under the rules of the COGCC or any local jurisdiction; and e) granting the easements as described in this Agreement. 11. Notice of Oil and Gas Operations. The Oil Companies shall provide the applicable owners of the surface estate with notice of drilling operations and subsequent well operations in accordance with COGCC rules and regulations. I 12. Impact Mitigation. Surface Owner shall bear all costs to install such noise and ,i j visual impact mitigation measures it desires or the local jurisdiction requires at or around the Oil ' iI I. and Gas Operations Areas and the Production Fad �l ity Locations that are in excess of or in I / addition to those measures that are required by COGCC regulations for areas that are not high density; provided, however,xbe operator of the well within the particular Oil and Gas Operations Area or Production Facility Location shall have reasonable discretion to veto or protest the types and locations of impact mitigation measures in order to allow for safe oil and gas operations. 13. Compliance with Kerr-McGee's General Guidelines. Surface Owner acknowledges that it has received a copy of a document.rom the Anadarko Entities titled "General Guidelines for Design and Construction Activities On or Near Kerr-McGee Gathering • 7 LLC and Kerr-McGee Rocky Mountain Corporation Pipeline and Related Facilities" (Revision . i II 3/01/2004) with which Surface Owner agrees to comply. _ ___ f 14. Termination of Surface Owner's Agreement. Surface Owner and the Anadarko Entities shall terminate the Surface Owner's_Agreement-that covers the Property (among other property) dated March 23, 1993 between Loren R. Cockroft, Marilyn J, Cockroft, and-Sratt R. I Cockroft and Union Pacific Resources Company recorded June 28, 1993 in Book 1389 at Page 1I \ 0893 in the Weld County Clerk and Recorder's Office by the execution of the form of Or) Termination of Surface Owner's Agreement attached to this Agreement as Exhibit 3, 10 contemporaneously with the execution of this Agreement. +' 15. Individual Liability of Oil Companies. Nothing in this Agreement is intended to �'((� . C �� create a cause of action by any Oil Company against any other Oil Company or to enlarge or ', diminish any right or interest created by any agreement or lease or assignment of lease between b^�" or among the Oil Companies. Nothing in this Agreement creates any leasehold rights or gives U& any mineral rights to an Oil Company where none exists. The liability of the Oil Companies to t f perform any obligation hereunder or to comply with any agreement included herein or with any r state or local rule or regulation is individual and several and not joint or collective. This Agreement does not create a joint venture or partnership between or among the Oil Companies. The Anadarko Entities shall in no event be liable for the acts or omissions of their lessees or farmoutees or the assignees or contractors and subcontractors of any of them. 16. Application to Oil and Gas Interests Owned by the Oil Company. This Agreement Al applies to the Oil Companies only to the extent that each entity owns oil and gas interests or oil and gas leasehold interests in the Property. 17. Authority to Execute Agreement. Each party represents that he/she/it has the full right and authority to enter into this Agreement with respect to the surface rights, oil and gas interests, or oil and gas leasehold interests he/she/it owns in the Property, as applicable. 18. No Waiver of Rights. The Oil Companies do not waive the rights they have pursuant to each of their respective oil and gas interests or oil and gas leasehold interests to explore for, drill and produce the oil and gas for the Property or for ingress and egress to the Oil and Gas Operations Areas and Production Facility Locations, except as specifically provided in this Agreement. 19. Successors and Assigns. This Agreement and all of the covenants in it shall be binding upon the subsequent lessees and assignees of lessees and the personal representatives, heirs, successors and assigns of the parties, and the benefits of this Agreement shall inure to all of them. This Agreement and all of the covenants in it shall be covenants running with the land. 20. Recording. Surface Owner shall record this Agreement with the Clerk and Recorder of Weld County and provide evidence to the Oil Companies of the recording. • 8 21. Governing Law. The validity, interpretation and performance of this Agreement • shall be governed and construed in accordance with the laws of the State of Colorado, without reference to its conflicts of laws provisions. 22. Construction. The parties have participated jointly in the negotiating and drafting of this Agreement. In the event ambiguity or question of intent or interpretation arises, this Agreement shall be construed as if drafted jointly by the parties, and no presumption or burden of proof shall arise favoring or disfavoring any party by virtue of the authorship of any of the provisions of this Agreement. Any reference to any federal, state, local or foreign statute or law shall be deemed also to refer to all rules and regulations promulgated thereunder, unless the context requires otherwise. The word "including" shall mean including, without limitation. 23. Severability. If any part of this Agreement is found to be in conflict with applicable laws, such part shall be inoperative, null and void insofar as it conflicts with such laws; however, the remainder of this Agreement shall be in full force and effect. In the event that any part of this Agreement would otherwise be unenforceable or in conflict with applicable laws due to the term or period for which such part is in effect, the term or period for which such part of this Agreement shall be in effect shall be limited to the longest period allowable which does not cause such part to be unenforceable or in conflict with applicable laws. 24. Notices. Any notice or communication required or permitted by this Agreement shall be given in writing either by: a) personal delivery; b) expedited delivery service with proof of delivery; c) United States mail, postage prepaid, and registered or certified mail with return • receipt requested; or d) prepaid telecopy or fax, the receipt of which shall be acknowledged, addressed as follows: Anadarko E&P Anadarko E&P Company LP and Anadarko Land: do Anadarko Petroleum Corporation Attention: Land Manager—Western Division/CBM Post Office Box 9149 Houston, Texas 77380-9149 UXP and Noble: Noble Energy Production, Inc. 1625 Broadway, Suite 2000 Denver, Colorado 80202 Petro-Canada: Petro-Canada Resources, Inc. 1099 18th Street Denver, Colorado 80202 PDC: Petroleum Development Corporation • 9 Surface Owner: Cockhift Dairy LLC_ Any party may, by written notice as provided in this section, change the address of the individual to whom delivery of notices shall be made thereafter. 25. Incorporation by Reference. Exhibits 1 and 2 are incorporated into this Agreement by this reference. 26. Entire Agreement. This Agreement sets forth the entire understanding among the parties and supersedes any previous communications, representations or agreements, whether oral or written. No change of any of the terms or conditions herein shall be valid or binding on any party unless in writing and signed by an authorized representative of each party. 27. Counterpart Executions. This Agreement may be executed in counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. IN WITNESS WHEREOF, the undersigned parties have caused this Agreement to be executed by a duly authorized representative on the dates set forth in the acknowledgments, but to be effective on the date first above written. NOBLE ENERGY PRODUCTION, INC. ANADARKO E&P COMPANY LP By: By: Name: Name: Its: Its: UNITED STATES EXPLORATION, INC. ANADARKO LAND CORP. By: By: Name: Name: Its: Its: PETROLEUM DEVELOPMENT COCKROFT DAIRY LLC CORPORATION By: By: Name: Name: • Its: Its: 10 -Li `� - C , I ,r , . „SURFACE USE AGREEMENT Deleted:Draft a3 Surface Use - - Aereement dated December 11,2009¶ • THIS SURFACE USE AGREEMENT ("Agreement") is effective this day of ,2008, by and among ANADARKO E&P COMPANY LP ("Anadarko E&P"), formerly known as Union Pacific Resources Company, ANADARKO LAND CORP. ("Anadarko Land"), formerly known as Union Pacific Land Resources Corporation(together the "Anadarko Entities"), both with an address of Post Office Box 1330, Houston, Texas 77251- I 1330; NOBLE ENERGY, INC. ("Noble") and UNITED STATES EXPLORATION, INC. - (Deleted: PRODUCTION ("UXP"), both with an address of 1625 Broadway, Suite 2000, Denver, Colorado 80202; I PETRO-CANADA RESOURCES INC,("Petro-Canada") with an address of 1099 18th Street, -(Deleted:, Denver, Colorado 80202; PETROLEUM DEVELOPMENT CORPORATION ("PDC") with an address of , Denver, Colorado 80 (the Anadarko Entities, Noble, UXP, PDC and Petro-Canada are sometimes referred to hereinafter individually or collectively as the"Oil Company' or"Oil Companies")and COCKROFT DAIRY LLC("Cockroft") with an address of and AURORA DAIRY ("Dairy") with an address of (Cockroft and Dairy are referred to hereinafter individually or collectively as"Surface Interest Owners.") A. ,r : . `'b own_s the surface estate for property located in Weld County, Colorado, -- Deleted:Surface Owner Section 11, Township 6 North, Range 64 West, which is more specifically ---- Deleted:in described in the attached Exhibit I and referred to hereinafter as the"Property." B. = k proposes to develop the surface estate for the Property for dairy {Deleted:Surface Owner operations. 1_d The Anadarko Entities together own all of the oil, gas and associated liquid (Deleted:C • hydrocarbons that underlie the Property, and Anadarko Land owns the minerals exclusive of oil, gas and associated liquid hydrocarbons under the Property. UXP, Noble, PDC and Petro-Canada all own certain oil and gas leasehold (Deleted:D interests in the Property that each derived through the Anadarko Entities or their predecessor entities. Petro-Canada currently operates two producing oil and/or gas wells on the Deleted:E Property, one in the NW/4NW/4 known as the Cockroft 11-22 and the other in the SW/4NW/4 known as the Cockroft 11-23. t--:, PDC currently operates four producing oil and/or gas wells on the Property in the -- (Deleted:r NE/4SE/4 known as the Cockroft 43-11. ch<, NW/4SE/4 known as the Cockroft 33-11, - (Deleted: hsaSE/4SE/4 known as the Cockroft 44-11 and the SW/4SE/4 known as the Cockroft 34-11. Deleted:; . EXHIBIT a :'. UXP currently has permits from the Colorado Oil and Gas Conservation .. (Deleted:G Commission ("COGCC")to drill five oil and/or gas wells on the Property in the NE/4NW/4 to • be known as the Cockroft USX A 11-3,in the SE/4NW/4 to be known as the Cockroft 22-11; in the NW/4NE/4 to be known as the Cockroft USX A 11-2; in the SE/4/NE/4 to be known as the ICockroft USX A 11-8 and in the SE/4SW/4 to be known as the Cockroft USX A 11-14.a.m.qd ',%.:•inc c?i1c in tl::' ;:1'N' :>ti.L l,nov;•n tt die C.`ooloofi 1 3-I I. The ._;r,_:•.•_wells and permitted well locations identified in Recitals , c..if and L!, Deleted:H are hereinafter referred to as the"Existing Wells." :' . Deleted:E Deleted:F Current COGCC rules and regulations allow the owners and/or lessees of the oil [Deleted:c and gas for the Property to locate oil and/or gas wells in five drilling windows in a quarter (-Deleted: section,one in approximately the center of each quarter quarter section in a 400 foot by 400 foot window and one in the center of the quarter section in an 800 foot by 800 foot window. 1'y The parties enter into this Agreement to provide for the coexistence and joint ... (Deleted_' development of the surface estate and the oil and gas estate for the Property and to delineate the process with which they will comply with respect to the development of the two estates. This Agreement is limited to the compatible development of the surface estate and {Deleted:x the oil and gas estate for the Property; it does not in any respect apply to the minerals other than the oil,gas and associated liquid hydrocarbons owned by Anadarko Land. NOW THEREFORE, in consideration of the covenants and mutual promises set forth in this Agreement,including in the recitals,the parties agree as follows: 1. Oil and Gas Operations Areas. a. The Oil Companies agree that they shall drill and/or operate oil and/or gas wells on the Property only within the twenty locations identified on Exhibit 2,t_._._cl c of which are the -{Deleted:eleven locations for the Existing Wells and the other OA of which are located in the centers of the ia- : .... i;:„ 3�, '_:: of Section 11; provided, however, that no such drilling or oJ)erations shall be conducted within existing corrals or exercisepens. Such reserved locations on the Property are hereinafter referred to individually or collectively, as the case may be, as the "Oil and Gas Operations Area"or the"Oil and Gas Operations Areas." b. Operations and uses within the Oil and Gas Operations Areas include,but are not limited to, drilling,completion,and maintenance of wells and equipment,production operations, workovers,well recompletions and deepenings,fracturing,twinning,and drilling of replacement wells and the location of associated oil and gas production and drilling equipment and facilities; provided, however, that production equipment, such as, but not limited to.tanks and separators shall not be located within irrigated areas, and all equipment of a permanent nature which is located on irrigated land shall be of a height which will not interfere with center pivot sprinklers. 2 • c. Jle Oil and Gas Operations Areas shall include the are;that,generally in the shape — Deleted:For the Existing Wells,t of a rectangle that.is 200 feet by 350 feetrt Deleted:T • _._._ _ _...._ Deleted:d The Oil Companies shall continue to have the right to drill one or more wells with Deleted:is attendant facilities within all Oil and Gas Operations Areas and to deepen, recomplete or twin Deleted:are any well that is drilled or has been drilled, as well as to drill directional and horizontal wells that ,Deleted: circle with a radius of 200 produce from and drain the Property or lands other than the Property. , Deleted: e. The Oil Companies shall also have the right to locate, build, repair and maintain Deleted: feetasreflected on Exhib2 For Oil and Gas Operations Areas tanks, separators, dehydrators, compressors and all other associated oil and gas drilling and which there are no Existing Wells as production equipment and facilities within the Oil and Gas Operations Areas located on non- desedbedinseetionta,Meoilanacas Operations Areaz shall include Me area irrigated land. that is generally in the shape ofa rectangle that is 400 feet by 400 feet as reflected on Exhibit 2 Formatted:No underline(This is already covered by I_e., which includes production equipment and facilities.) Deleted:f-Except as hereinafter specifically provided in Section l0, ,. Access to Oil and Gas Operations Areas. surface Interest Owners shall not plat surface property lines or install or construct fences,roadways,trees,bushes a. l:C. x7 r J,o`�[2u 1 it .l'�il4lt ) .oq.11lt h) r��i f11� 1°S t'I4 1t�. II: oanY provemerts watt Permanent ori1and a t ,1t e� (rMl I t, {)7 of r"r i,a_�i # luf!t t impmvemen eanort a filandGas _- ql Operations Areas or Mcflowlines a,rd I , bib'I I ' t I :S : 1. Access to the Oil and Gas Operations Areas , pipeline easement areas provided for I bi,,I t b shall be at the locations identified on Exhibit 2 after such time as the hetding,a aosareor atyorpemtaneent building,structure or cater hnprovetnent particular access road has been constructed. shall be located by surface Interests Owners within the Oil and Gas Operations Areas or the flowlines and b. Access may be changed by mutual agreement of the Surface fly(,t;ci Owner and pipeline easement areas.The Oil and Gag the appropriate Oil Company or Oil Companies;provided however, all costs and expense of such Operations Areas and flowane and pipeline easement areas shall be for the relocations shall be borne by the party that requests them. . exclusive use of oil and gas operations and production and for the location of oil and gas wells and associated oil field d. Surface t. Owners shall provide access to all Oil and Gas Operations Areas . drilling and production equipment continuously and at all times both before and following the construction of the access roads Deleted:2..Production Facility • identified on Exhibit 2. No party shall unreasonably interfere with the use by the other of an Locations.¶ access road. ¶a The Oil Companies agree that they shall locate oil and gas drilling and production equipment and facilities, e. , Surface Owner\ shall have no obligation to pave or maintain access ''i including tank batteries,only willt j1 routes that are used exclusively by the Oil Companies, ',';.! Deleted:__ Deleted: locations identified on f. Construction and Width of Access Roads. , Exhibit 2 as the Production Facilin ', Deletetl:s (I) Access roads or portions of access roads that are jointly used by the Oil Deleted:ection I.f above shall also Companies and Surface Owner shall be fifteen (15) feet or more in width, and, when apply to the ProauotionFacility I ,..3 Surface HT'• '.'_Owner,, construct access roads on the Property, Surface Irt nest Owner, shall s Deleted:3 construct or improve all paved or improved joint access roads so as to withstand the weight of`.` Deleted:Prior to the construction of th' oilfield equipment. Specifically, Surface Owner shall construct the roads so that they can be used ` ` P°""a't°ntpavedroadswiMm die to withstand the weight of 104,000 pounds and 26,000 pounds per axle. Deleted: At such time as Surface Owner constructs the roads within' .. 5 Deleted:thirty(30) Deleted:s 3 (2) Access roads or portions of access roads that are used exclusively by the Deleted:thirty(30) I Oil Companies shall be generallyRfifteen(15)feet or more in width,and the Oil Companies shall install and maintain such roads orportions of roads to those state and local standards that apply Deleted:g If Surface Owner propose • to construct roads that will cross over to oil and gas operations. • pipelines that are then installed on the Property,Surface Owner shall pay the applicable Oil Company the costs to hays 2 Pipelines.Fiowlines and Pipeline Easements. the Oil Company sleeve the portions of 4 .. the pipelines that are to be crossed by the made,such payment to be made in a. Pipeline easements t:i ti ::a t tliILiitl\' loc:sti.'d co the I'roix;ri':_.._'..=:i :ii'::? l.;liin• '•;. advance of the work.Surface Owner ahal at ti , ;u ....for flowlines and gathering lines serving the wells located on the Property crootssesallthe netionofteeipadteh crosses a pipeline until the pipeline has shall be at the locations identified on Exhibit 2. been sleeved.¶ Is Surface Owner agrees that it' .- b. Locations of pipelines and such easements may be changed by mutual agreement Deleted:a of 4;'o '_L_, and the appropriate Oil Company or Oil Companies; provided, however, all costs Formatted:Strikethrough and expenses of such relocations shall be borne by the party which requests the relocation. In the Deleted:Surface Owner. Sulfa ...C7 event that t�ockl ol-j'equests the relocation of a pipeline or flowline,the applicable Oil Company_ ../ Deleted:thirty(30)_ thirty(301_le shall provide c_;t)cks•9fs with a written estimate of the relocation costs which (', c , shall / Deleted:d. thereafter promptly remit to the Oil Company. The payment shall be adjusted up or down, based :' Deleted:Except as provided in i , on actual costs, upon completion of the work and after an itemized statement is provided to ' Deleted:P i cu,:l:iOfjr •�' Deleted:p c. Pipeline easements shall be fifty (50) feet in width during construction activities : Deleted:tpel ne easements sha 110 Deleted: e- Surface Owner and fifteen (15) feet in width for all operations, maintenance and transportation activities. 11 Flowline easements shall be,fifteen 1 feet in width for all operations. . Deleted:e ( ) P -..-.-.. -. '; Deleted:I i R Deleted:Surface Owner Deleted: and/or other lands t ... .. . . . .:. Deleted:g.. Surface Owner) (f .. .-��lOc;I:pt,i_ shall grant the i easements reflected on Exhibit 2(for production-= --==- - - - - -- PPline . ........- - --- ---- - ------ -.:--P- - - i . ,�Ieted:5. Plats and Local I ...[13 from the Property.)to the Oil Companies at the time the Oil Companies request them and at no Deleted:5 cost to them. Nothing herein shall be construed to require Cockroft to grant easements for III pipelines for production from other lands,and the Oil Companies shall have no right to construct Deleted:r,.. waiver Snrri llq or install on the Property.pipelines carryinit production from other lands. Deleted:6 Deleted:7 Deleted:Surface Interest Owns. •. Deleted:s Deleted: and acknowledge At. ._.._,Surface Damage Payments. -rAyi.tv_cllillinu,-pu_oil andlot :!1S uel1,.il.±i_,<tpll c. h1, Deleted:s (:•l : •ol1'::'.:•t' Slt':ii p.:It' CO i,r(1;i.MI tr!1 r Vii' I(: SW'.'tee c ddnli�i thatjs i:(lT'_al t 1 the r?tc 11^.a r'_. •,,(peleted: that lheCOGCC has: ... [16 vii IIoln_iinri,...pt's Oi_'ler.O i'ti_r° L. 11'it.:..:ii1r:a(:: estate_in the Le05,1imhlKc,..9..c .whets tile_!ropL,ID.. • Deleted:s (.is !O stid. tt11 111'; into iitscount the t-\1?- of i' gficit\..a_nd its,us,. but not less than $4000 per site Deleted: all setback re uirem 7 on non-irrigated land.and$7,500 per site on irrigated land. `_.SLR.f t,�e dai t.,'.-..1:,;l4 ill _._._._. . I Q q "'tl — ill;:it11111!!t hii1 i5 c(i7Gt11} (t':c($ in Illy nil (1 t:1S ilidlistr\', 5,.::•,.../,.... '; Deleted: ee — —— r11li — -- i.in— —— —' Deleted Oil C pant[ 118 that then cnn Waiver of Setback Requirements.,irf<<ce-Interest C3 ytICf5 S)?tCfLlCiiIl)._C;_TF..CI?t i Deleted:s i .. i. i , + , (Deleted:echon 6 Coe location \ I i ..:.. � � ;, � �•' t itlCil_9 fCti in the C�iltr„1 Ot tlllt]! r �t.Ctic.�i E I •i;1 11+- "1"l (; C:'‘'l 1f' Is i(`•1 CO'. 'f' 7 I I':ti .-I R-\ e.define-:as an'`It?ic'.I'I 5 i% \1 !iltt \'ell' n 'ii.ioii. Deleted (Deleted: in order to obtain a IS-r 19 4 • Deleted:7 4. Governmental Proceedings. - (Deleted:8 • Deleted: a. Surface ,. ;a Owner Will Not Object. Surface , e c l,: t Owners agree,that - Deleted:it will not object in any forum to the use by the Oil Companies of the surface of the Property Deleted:and hereby waives any such consistent with this Agreement, right to object Surface Interest Owners further agree b. Oil Companies Will Not Object. The Oil Companies agree that they will not (Deleted:a object in any forum to a request by Surface Owner to annex, zone, rezone, plat or replat all or , (Deleted: that they any portion of the Property to extent such request is consistent with this Agreement and the i',; \ (Deleted:is Deleted: will provide such other attached Exhibits. `ly':, f?j(':. written approvals and waivers that are i; requested by the Oil Companies and Notices of Hearings. Surface t z Kii Owners shall provide the Oil Companies /), ` consistent with this Agreement, , including,but not bunted to, with written notice not less than thirty (30) days before each hearing for consideration of a plat application or other land use application for the Property or portions of the Property to be held '. Deleted:all before a local jurisdiction. Deleted:approvals and waivers to mil a well or to conduct oil and gas operations on the Property becaso 2( s -.. ! Deleted: any rights they 2, Notice of Oil and Gas Operations. The Oil Companies shall provide the Deleted:n applicable owners of the surface estate with notice of drilling operations and subsequent well operations in accordance with COGCC rules and regulations. Deleted: nape vqt ," hi;,.),(,,,,..,,,,,.,:,,,,J,c l I J ,3.5. Deleted:, t'Y 1 4 ! Deleted: to require or request 2: Ii . I . ,,d 8i .,61i,,Mint t Ill,il tylli l..,.c iJ"1if , )v,'a Deleted:s ISii.t.tit. vac y-,.l *v,.r., c4 1p. i'Ti)j ,I' i(. ii iiiiel[daii r .. .,,Cl ' ' : Deleted: tothe location ofmu(, 2: 1ic,,i t i,1 ( ;',1 , ,I z ( 1",,.` `-.1.1[1.P.',.` t t ,:.�t ()\-,110'., iv,;e,tls ,cc ,(.'\.,11,,',' aci t;:; Deleted:9 II tO : 5 , , : IC! s * 't I :^ , '1i , 1 ' t'CO1 r1A i l is'Cl d; II 1`,i f , . i't , s Deleted: . 10 oticeto Hem- : i I `- i tt .`; f:;,,,,., I'[Cl SlC I ' s , Deleted: v. homeowner ass— ? - , ll , , t ',‘,1 @ '1c. u . ,� ti1 L. It6e th 1 ,•, � it ni: Dele[etl:9 Deleted:I I Deleted:9 ....r2! I i'.[: ,.I a ..l [,, It,a ,rt.'of the l . I,.I I: is; i ' Oil'', 'I ,. , Deletecl:¶ i. ,. nit ' c 8 hu .it v3 t I Wk. h, , . ;t'1 -`r in of U.i'I ,.f ( ;;Oii, C I'Pr i Deleted:10 I ., ,>i,,_ I Iii :,7 St I ' i t (M:1 ,', t ti'w II ne d . , ,,,.e,iff lo r,c, Thum Deleted:it it f. i J t,.+ ,i (, I .;C_I U. c . tail lU c Oil III, P j, it)' III I 1 [Deleted:3 )a, t , F tc;P rol Ilks _l 1 11 it I C( Deleted: CAmphancewith 1 ','..5' I) , „' sL. .i) , u l;J' t ,,,t,.,. ltC to,...c.c lnc t iaci„'die tc of a ,i l . ,I' ',L' r i:`4 )', Deleted:, 1 K ,s.: dtc,i . v flit' If C 'lam () i ( outi,.,n' t i I I 'c= , . U .r Deleted: that they 1 r ‘,.'l "d., ..I% i'1,- c'ci • Inf tl . I ;;,'.9plcca Ottscl, .,d<' _I c Ilc <9. - - — Deleted:it „I , - tk, .. I ,,, lc (),A i (,,T,-1,,..-1 iti .IIo. ,I ;tiff, I ,.:I t, , I I) ',c II ' 'I 'S(, i ,i ii" Uri ( t'I Il). P Ic'Iv,. ` , i Deleted: have _..< <, c,I IC',tlatipi5_. Deleted:s 1 c Deleted: received a copy ofa, It i .. 2; I {Deleted:s {Deleted: to comply and which ,,,121 5 • a - Deleted:14..Termination of Surface -- -- -- - ---- - - --- - -- ---- Owner's Agreement. Surface Owner and the Anadarko Entities shall tennmab • y, Individual Liability of Oil Companies. Nothing in this Agreement is intended to the Surface Owner's Agreement hat create a cause of action by any Oil Company against any other Oil Company or to enlarge or covers the Property(among other property)dated March 23,1993 between diminish any right or interest created by any agreement or lease or assignment of lease between c, Loren R Cocicroft,Marilyn 1,Cockroft, Pacific or among the Oil Companies. Nothing in this Agreement creates any leasehold rights or gives andseon Company Cnekroft cordend d June 828, Resources Company recorded Jme 28, any mineral rights to an Oil Company where none exists. The liability of the Oil Companies to 1993 in Book 1389 at Page 0893 in the perform any obligation hereunder or to comply with any agreement included herein or with any WeldconntyclerkandRecerders Office by the execution of the form of state or local rule or regulation is individual and several and not joint or collective. This Termination of surface Owner's Agreement does not create a joint venture or partnership between or among the Oil Companies. AgreementExhibit contemporaneously aneou Agreement a� Exhibit 3 contemporaneously with the The Anadarko Entities shall in no event be liable for the acts or omissions of their lessees or execution of this Agreement. farmoutees or the assignees or contractors and subcontractors of any of them. Deleted:12 Deleted:5 1Q Application to Oil and Gas Interests Owned by the Oil Company.This Agreement - Deleted,3 applies to the Oil Companies only to the extent that each entity owns oil and gas interests or oil - Deleted:6 and gas leasehold interests in the Property. 1], Authority to Execute Agreement. Each party represents that he/she/it has the full .---{Deleted:4 right and authority to enter into this Agreement with respect to the surface rights, oil and gas --- {Deleted:7 interests, or oil and gas leasehold interests he/she/it owns in the Property,as applicable. 1, No Waiver of Rights. The Oil Companies do not waive the rights they have {Deleted:5 pursuant to each of their respective oil and gas interests or oil and gas leasehold interests toDeleted: explore for, drill and produce the oil and gas for the Property or for ingress and egress to the Oil and Gas Operations Areas and Production Facility Locations, except as specifically provided in this Agreement. la, Successors and Assigns. This Agreement and all of the covenants in it shall be Deleted:6 binding upon the subsequent lessees and assignees of lessees and the personal representatives, fDeleted:9 heirs, successors and assigns of the parties, and the benefits of this Agreement shall inure to all • of them.This Agreement and all of the covenants in it shall be covenants running with the land. (A, Recording. - t, ( t •,.I shall record this Agreement with the Clerk and - Deleted:7 Recorder of Weld County and provide evidence to , r,spfthe recording. (Deleted:20 Deleted:Surface Owner '5 Governing Law. The validity, interpretation and performance of this Agreement Deleted:the Oil Companies shall be governed and construed in accordance with the laws of the State of Colorado, without Deleted: reference to its conflicts of laws provisions. Deleted:e i.� Construction. The parties have participated jointly in the negotiating and drafting cep:21 of this Agreement. In the event ambiguity or question of intent or interpretation arises, this Deleted:9 Agreement shall be construed as if drafted jointly by the parties, and no presumption or burden Deleted:2 of proof shall arise favoring or disfavoring any party by virtue of the authorship of any of the Deleted:2 provisions of this Agreement. Any reference to any federal, state, local or foreign statute or law shall be deemed also to refer to all rules and regulations promulgated thereunder, unless the context requires otherwise. The word"including"shall mean including,without limitation. 6 • 1177 Severability. If any part of this Agreement is found to be in conflict with --. Deleted:20 applicable laws, such part shall be inoperative, null and void insofar as it conflicts with such Deleted:3 • laws; however, the remainder of this Agreement shall be in full force and effect. In the event that any part of this Agreement would otherwise be unenforceable or in conflict with applicable laws due to the term or period for which such part is in effect,the term or period for which such part of this Agreement shall be in effect shall be limited to the longest period allowable which does not cause such part to be unenforceable or in conflict with applicable laws. 18" Notices. Any notice or communication required or permitted by this Agreement ---{Deleted:21 shall be given in writing either by: a)personal delivery; b)expedited delivery service with proof - -{Deleted:4 of delivery; c) United States mail, postage prepaid, and registered or certified mail with return receipt requested; or d) prepaid telecopy or fax, the receipt of which shall be acknowledged, addressed as follows: Anadarko E&P Anadarko E&P Company LP and Anadarko Land: do Anadarko Petroleum Corporation Attention: Land Manager—Western Division/CBM Post Office Box 9149 Houston,Texas 77380-9149 UXP and Noble: Noble Energy, Inc. {Deleted: Production 1625 Broadway, Suite 2000 Denver,Colorado 80202 Petro-Canada: Petro-Canada Resources, Inc. 1099 18'" Street Denver,Colorado 80202 PDC: Petroleum Development Corporation i Surface Owner: Cockroft Dairy LLC Any party may, by written notice as provided in this apction, change the address of the - -{Deleted:: individual to whom delivery of notices shall be made thereafter. 19, Incorporation by Reference. Exhibits 1 2, and 3, are incorporated into this - -(Deleted:22 Agreement by this reference. - {Deleted:5 (Deleted:2 7 • 20 Entire Agreement. This Agreement sets forth the entire understanding among the Deleted:3 parties and supersedes any previous communications, representations or agreements, whether f Deleted:6 • oral or written. No change of any of the terms or conditions herein shall be valid or binding on any party unless in writing and signed by an authorized representative of each party. 21, Counterpart Executions. This Agreement may be executed in counterparts, each Deleted:4 of which shall be deemed an original, but all of which together shall constitute one and the same - (Deleted:7 instrument. IN WITNESS WHEREOF, the undersigned parties have caused this Agreement to be executed by a duly authorized representative on the dates set forth in the acknowledgments, but to be effective on the date first above written. NOBLE ENERGY, INC. ANADARKO E&P COMPANY LP -(Deleted: PRODUCTION By: By: Name: Name: Its: Its: UNITED STATES EXPLORATION, INC. ANADARKO LAND CORP. By: By: Name: Name: Its: Its: PETROLEUM DEVELOPMENT COCKROFT DAIRY LLC CORPORATION • By: By: Name: Name: Its: Its: _ - Formatted:Font:Not Bold "AURORA DAIRY - Formatted:Font:Not Bold,No underline PY _-_ _-. - Formatted:Font:Not Bold Name: -0 - Formatted:Font:Not Bold,No Its: underline Formatted:Font:Not Bold,No underline Deleted: ACKNOWLEDGMENTS 8 • • STATE OF COLORADO ) ss. City and County of Denver The foregoing instrument was acknowledged before me this day of 200;,by ,as for (Deleted:7 ANADARKO E&P COMPANY LP. Witness my hand and official seal. My Commission expires: Notary Public STATE OF COLORADO ) ) ss. City and County of Denver The foregoing instrument was acknowledged before me this day of 200,,,by as for (Deleted:7 ANADARKO LAND CORP. • Witness my hand and official seal. My Commission expires: Notary Public 9 • STATE OF COLORADO ) ) ss. COUNTY OF ) • The foregoing instrument was acknowledged before me this day of 200i,by as for --I Deleted:7 UNITED STATES EXPLORATION, INC. Witness my hand and official seal. My Commission expires: Notary Public STATE OF COLORADO ) ) ss. COUNTY OF ) The foregoing instrument was acknowledged before me this day of 200:,by as for Deleted:7 NOBLE ENERGY,INC. - Deleted: PRODUCTION Witness my hand and official seal. • My Commission expires: Notary Public 10 STATE OF COLORADO ) ) ss. COUNTY OF ) The foregoing instrument was acknowledged before me this day of 200h,by as for {Deleted:7 PETROLEUM DEVELOPMENT CORPORATION. Witness my hand and official seal. My Commission expires: Notary Public STATE OF COLORADO ) ) ss. COUNTY OF ) The foregoing instrument was acknowledged before me this day of 200£.,by as for (Deleted:7 PETRO-CANADA RESOURCES, INC. Witness my hand and official seal. My Commission expires: Notary Public 11 • • STATE OF ss. COUNTY OF The foregoing instrument was acknowledged before me this day of , 200iaby as for {Deleted:7 COCKROFT DAIRY LLC. Witness my hand and official seal. My Commission expires: Notary Public �Deleted:q ut, i I • 12 • Exhibit 1 • to Surface Use Agreement effective ,200£_, {Deleted:7 among Anadarko E&P Company LP,Anadarko Land Corp., United States Exploration,Inc.,Noble Energy,Inc., (Deleted: Production Petro-Canada Resources, Inc.,Petroleum Development Corporation and Cockroft Dairy LLC a_ __.. . Township 6 North,Range 64 West Section 11: All Weld County,Colorado • 13 • Page 3: [1]Deleted User 1/29/2008 4:00:00 PM • 2. Production Facility Locations. a. The Oil Companies agree that they shall locate oil and gas drilling and production equipment and facilities, including tank batteries, only within the Oil and Gas Operations Areas and the six Page 3: [2]Deleted User 1/29/2008 4:00:00 PM locations identified on Exhibit 2 as the Production Facility Locations, hereinafter referred to together or individually, as the case may be, as the "Production Facility Location" or the "Production Facility Locations." b. Each Production Facility Location shall include the area reflected on Exhibit 2. c. The terms in S Page 3:[3]Deleted User 1/29/2008 4:00:00 PM ection 1.1 above shall also apply to the Production Facility Locations. Page 3:[4]Deleted 12/11/2007 12:04:00 PM Prior to the construction of the permanent paved roads within the Property Page 3: [5]Deleted 12/11/2007 12:04:00 PM At such time as Surface Owner constructs the roads within all or pertinent portions of the Property, Surface Owner shall keep the portions of access roads jointly used by Surface • Owner and the Oil Companies in good condition and repair until such roads are dedicated to a local jurisdiction; provided, however, if one of the Oil Companies causes damage to a portion of a road that is jointly used by the Oil Companies and Surface Owner and that was constructed to the specifications in section 3.1(1), then the Oil Company shall promptly repair any damage that is a direct result of its use of the road Page 4: [6]Deleted 12/11/2007 12:05:00 PM g. If Surface Owner proposes to construct roads that will cross over pipelines that are then installed on the Property, Surface Owner shall pay the applicable Oil Company the costs to have the Oil Company sleeve the portions of the pipelines that are to be crossed by the roads, such payment to be made in advance of the work. Surface Owner shall not install the portion of the road that crosses a pipeline until the pipeline has been sleeved. h. Surface Owner agrees that it will obtain and pay the costs to obtain from the local jurisdiction, permits for curb cuts as deemed necessary by the Oil Companies. Said curb cuts shall be forty (40) feet in width. Page 4: [7]Deleted 12/11/2007 12:06:00 PM Surface Owner Page 4: [7]Deleted 12/11/2007 12:06:00 PM Surface Owner Page 4: [7]Deleted 12/11/2007 12:06:00 PM • Page 4: [7]Deleted 12/11/2007 12:06:00 PM • Surface Owner Page 4: [7] Deleted 12/11/2007 12:06:00 PM Surface Owner Page 4: [7]Deleted 12/11/2007 12:06:00 PM Surface Owner Page 4:[8]Deleted User 1/29/2008 4:11:00 PM thirty (30) Page 4:[8]Deleted User 1/29/2008 4:11:00 PM thirty(30) Page 4:[9]Deleted User 1/29/2008 4:12:00 PM Except as provided in section 4.e. below, Page 4:[10]Deleted User 1/29/2008 4:12:00 PM ipeline easements shall be for the exclusive use of oil and gas production operations; provided, however, the easements may be shared by the Oil Companies and their lessees, assignees of lessees and successors and assigns. Page 4:[11] Deleted 12/11/2007 12:07:00 PM e. Surface Owner shall have the right to cross pipeline easements with roadways and other utilities; provided that, such crossing is made at an angle of not less than 60 degrees and not more than 90 degrees. Surface Owner shall also have the right to install and maintain easements that are both adjacent to, and within, the easements identified herein, for utility lines, including those for water, gas, sewer, electric, telephone, cable, television, and fiber optic and other pipelines; provided, however; i) any new underground facilities that travel along a pipeline easement identified herein shall be located a distance horizontally of at least ten (10) feet from parallel existing pipelines; ii) any new underground facilities shall have at least twenty-four (24) inches of vertical clearance between such new facility and a pipeline provided for herein; and iii) any overhead power lines shall be at least twenty (20) feet above the ground. Surface Owner agrees that, and will notify each utility company that, except in cases of emergency, the Oil Companies must be contacted at least ten business days prior to commencement of any trenching or digging activities within ten feet of their easement areas. Page 4: [12] Deleted 12/11/2007 12:08:00 PM g Page 4:[12]Deleted 12/11/2007 12:08:00 PM Surface Owner will provide the Oil Companies with at least fourteen (14) days advance written notice before it begins to pave current and future streets and access routes, as applicable, in order to allow the Oil Companies to lay new flowlines or pipelines that cross underneath the streets or access routes. If Surface Owner does not give the notice required herein, the Oil Companies may bore underneath the paved streets and access routes, such costs and expenses for the boring to be paid by Surface Owner. Page 4:[13] Deleted 12/11/2007 12:09:00 PM 5. Plats and Local Applications. Surface Owner shall identify the Oil and Gas Operations Areas, Production Facility Locations and all access routes and pipeline • easements on its plats and in all applications for development it files with a local jurisdiction, and the plats shall include restrictions that no property line or temporary or • permanent building, structure or other improvement related to the surface development shall be located, constructed or installed within the Oil and Gas Operations Areas, Production Facility Locations or pipeline easements. Surface Owner shall record the plats in the Office of the Clerk and Recorder of Weld County and provide written evidence to the Oil Companies of the recording. Page 4: [14] Deleted 12/11/2007 12:09:00 PM 6 Page 4: [14]Deleted --- -- - 12/11/2007 12:09:00 PM Waiver of Page 4: [14] Deleted 12/11/2007 12:09:00 PM Surface Owner hereby waives all surface damage payments and other such payments for the use of the Property or portions thereof pursuant to any current or future COGCC or local regulation, state statute, common law or prior agreement for each and every well and related wellsite that is or will be drilled and located within the Oil and Gas Operations Areas and for associated oil and gas equipment and facilities to be located within the Oil and Gas Operations Areas and the Production Facility Locations and for flowlines, access routes and pipeline easements. The Oil Companies or their lessees or their assignees may provide a copy of this Agreement to the COGCC or any local jurisdiction, person or entity or court of law as evidence of this waiver. Page 4: [15]Deleted User 1/29/2008 4:21:00 PM Surface Interest Owners understand • Page 4: [16]Deleted User 1/29/2008 4:21:00 PM that the COGCC has rules and regulations that apply to the distance between a wellhead and public roads, production facilities, building units and surface property lines, among other things. Surface Interest Owners hereby waive Page 4: [17] Deleted User 1/29/2008 4:21:00 PM all setback requirements in COGCC Rule 603, or any successor rule or amendment to the COGCC setback rules, and to any other state or local setback requirements or other requirements or regulations that are or become inconsistent with this Agreement or that would prohibit or interfere with the rights of the Oil Companies, or their successors and/or assigns, to explore for and produce the oil and gas in accordance with this Agreement. Surface Interest Owners understand Page 4:[18]Deleted User 1/29/2008 4:21:00 PM that the Oil Companies may cite the waiver in this S Page 4: [19]Deleted User 1/29/2008 4:21:00 PM in order to obtain a location exception or variance under COGCC rules or from a local jurisdiction. Page 5: [20] Deleted User 1/29/2008 4:23:00 PM approvals and waivers to drill a well or to conduct oil and gas operations on the Property because of any law or regulation, including any local ordinance and regulations of the COGCC, and including, for example, waivers to state and local setback requirements and to any setback requirements from a surface property line or for an • exception location. Surface Interest Owners waive Page 5: [21]Deleted User 1/29/2008 4:23:00 PM • to require or request a surface inspection for wells proposed to be drilled on the Property for the purpose of requesting that conditions be attached to a permit to drill the well. Surface Interest Owners further consent Page 5:[22]Deleted User 1/29/2008 4:23:00 PM to the location of multiple wells within an Oil and Gas Operations Area that are greater or less than fifty feet apart so long as all such wells are located within the Oil and Gas Operations Area. Page 5:[23]Deleted 12/11/2007 12:19:00 PM 10. Notice to Homeowners and Builders. Surface Owner shall furnish all builders and purchasers which purchase all or any portion of the Property that is within 350 feet from an Oil and Gas Operations Area or a Production Facility Location or a flowline or pipeline easement, with a plat that shows the locations of the Oil and Gas Operations Areas, Production Facility Locations and the flowlines and pipeline easements. In addition, Surface Owner shall provide written notice to all such purchasers that includes the following: i. they are not purchasing and will not own any rights in the oil, gas and mineral estate in and to the Property; ii. there may be ongoing oil and gas operations and production on the surface of the Property within the Oil and Gas Operations Areas, Production Facility Locations, pipelines and flowline easements and access routes; • iii. there are likely to be additional wells drilled and additional oil and gas production facilities constructed and installed within the Oil and Gas Operations Areas and/or the Production Facility Locations and additional flowlines and pipelines constructed and maintained on the Property; iv. heavy equipment will be used by the Oil Companies from time to time for oil and gas drilling and production operations and such operations may be conducted on a 24-hour basis; and Page 5:[24] Deleted 12/11/2007 12:19:00 PM v. homeowner associations and buyers of individual lots or homes will be subject to and burdened by all of the covenants and waivers made by Surface Owner in this Agreement, including, but not limited to those covenants and waivers; a) prohibiting the location of any temporary or permanent building, structure, or other improvement within the Oil and Gas Operation Areas and Production Facility Locations; b) waiving objections to the drilling of wells, the construction of facilities, and the conduct of oil and gas operations on the Property consistent with this Agreement; c) waiving surface damage payments; d) waiving objections to the setback requirements under the rules of the COGCC or any local jurisdiction; and e) granting the easements as described in this Agreement. • Page 5:[25]Deleted 12/11/2007 12:26:00 PM 12. Impact Mitigation. Surface Owner shall bear all costs to install such noise • and visual impact mitigation measures it desires or the local jurisdiction requires at or around the Oil and Gas Operations Areas and the Production Facility Locations that are in excess of or in addition to those measures that are required by COGCC regulations for areas that are not high density; provided, however, the operator of the well within the particular Oil and Gas Operations Area or Production Facility Location shall have reasonable discretion to veto or protest the types and locations of impact mitigation measures in order to allow for safe oil and gas operations. Page 5:[26]Deleted User 1/29/2008 4:24:00 PM Compliance with Kerr-McGee's General Guidelines. Surface Interest Owners acknowledge Page 5:[27]Deleted User 1/29/2008 4:24:00 PM received a copy of a document from the Anadarko Entities titled "General Guidelines for Design and Construction Activities On or Near Kerr-McGee Gathering LLC and Kerr-McGee Rocky Mountain Corporation Pipelines and Related Facilities" (Revision 3/01/2004) with which Surface Interest Owners agree Page 5: [28]Deleted User 1/29/2008 4:24:00 PM to comply and which is attached to this Agreement as Exhibit 3. 111 r.w. i T._ '\ra east sae 72 0 / Si Came- PARCEL NOT INCLUDED / (///// r4 ////// // / t / 1 s9oli 6 „ mar I� :.'' 1 /7/ / ( [ o �� I�WLM I�LMI I en m i»` ,: i MUM NO.2 DIEN /,/-77 SW/// / 27 ANNE -......\/ / Ili V / 4.420 / // , . r�///�/ �/ / /��j s w bid:t /(<7// �/ �� // //// / we II sr+e Le/ // / /// / Sy /1 �// "7 ® 'r' V �!U/// 0I N e x;5+i 0) . e i I S �LLO COW? ROC 70 O e_y15�'in? or a yreec t.fof -4-q MIc bu'f+-PrY S'I'PS Y it a5U-eed tap o" S .tibs1;�-vje EXHIBIT r t I �v�1 s , 4-e o. • SUMMARY OF BIOLOGICAL CONTROL AND MONITORING PLAN FOR THE 2008 FLY SEASON AURORA ORGANIC DAIRY JANUARY 8, 2008 • • • The charts set forth below summarize the biological control and monitoring plan for the 2008 fly season submitted by Aurora Organic Dairy ("AOD") to the Weld County Department of Public • Health and Environment on December 31, 2007 (the "Plan"), copies of which have been distributed to the neighbors of the High Plains Dairy. The charts do not modify any of the procedures set forth in the Plan and should be read in connection with the Plan. Summary of the Monitoring Plan House Flies: Spot Cards. AOD will use spot cards as the primary method for monitoring house flies. AOD will place 3 x 5 white index cards on certain surfaces that have been identified as preferred resting sites for flies. Methods Used to Monitor Fly Populations Stable Flies: at The Dairy Alsvnite Cylinder Traps. AOD will monitor the population of stable flies by using Alsynite cylinder traps. Alsynite traps are cylinder traps that are attached to a wooden stake with the trap's bottom placed 1 foot off the ground. The trap is covered with a thin plastic film coated with adhesive. • Spot Cards. AOD will place the spot cards in the following locations: • Dairy office • Parlor breezeway • Shop • Maternity room • Wall outside the east parlor • Wall outside the west parlor Location of the Monitoring Methods • Front entrance alley • Break room • Pens 1, 4, 5, 8, 9, 13, and 16 Alsvnite Cylinder Traps. AOD will install the Alsynite cylinder traps on the four cardinal points around the dairy because these areas are not too dusty and such areas are protected from the curiosity of the cattle. • {ClientV 1153\36V02044383_DOC/) Spot Cards. The spot cards will be exposed for • approximately one week. After the spot cards have been exposed, AOD will record the total number of grey. yellow, and brown spots on the cards. AOD will pool the number of spots on cards from similar habitats and the results will be input on graphs that will reflect the average number of spots per week. Recording Data Alsvnite Cylinder Traps. AOD will record the number of flies collected in the traps by removing the adhesive-coated plastic and then attaching it to a protective non-sticky clear film. The trapped flies can be seen through the clear film and identified by certain features. AOD will record the number of flies collected in the traps. Dr. Broce and AOD employees will review the data and determine if a greater or lesser Analysis oj'Data Collected number of biological control agents (parasitic wasps) should be released based upon the number of flies present at the dairy. • In addition to the monitoring plans described above, AOD will inspect manure, a potential habitat for immature flies. Changes in the surface of the manure from smooth to being riddled by small holes likely will predict when fly populations are on the increase. Additional Monitoring Plan AOD will also inspect the manure in the pastures to identify the surface changes described above. If fly larvae are found in the pasture, AOD will use pyramidal emergence traps, which capture flies as they emerge from the manure. In addition to the monitoring plans conducted at the dairy, AOD intends to place spot cards on the residences of four adjacent neighbors. AOD will collect data from the spot cards Neighbor Monitoring approximately once a week; provided that, the spot cards may be exposed for a shorter or longer period of time if the conditions warrant • changing the length of exposure. 3 {Client A1153\36'02044383DOC/} Summary of Biological Control Plan • AOD will use parasitic wasps as its biological control agent at the dairy. Researchers have extensively studied and integrated parasitic wasps into fly management programs. The following characteristics make the Biological Control Agent parasitic wasp an ideal biological control agent: • Harmless to humans and animals • Tiny • Cannot fly long distances • Normally go unnoticed in dairy barns AOD anticipates releasing approximately 20 pouches per week of parasitic wasps, which will yield approximately 1 million wasps. However, the number of parasitic wasps released each week may vary depending upon the results of the monitoring plans and the effectiveness of the parasitic wasps. Number of Wasps Released AOD likely will begin releasing wasps on • April 26, 2008, which is traditionally the first frost free day in Colorado. However, if adult house flies are already active, this release date will be advanced for 'one-to-two weeks, potentially moving the release date to April 12. 2008. Customarily. the most effective release points are those near larval habitats with active larval populations; such habitats will be identified by the monitoring efforts described above. However, if such larval sites are not protected from the wind and sun. AOD will construct Release Sites of Wasps simple release shelters in areas suspected or proven to be active larval habitats. In the event that AOD has not identified any larval sites, the parasitic wasps will be released throughout the dairy, preferably at sites located upwind from the grounds. • 4 {Client'115T 36,02044383 DOC'S AOD will use a technique called pupal • • parasitism to ensure that the releases of parasitic wasps are effectively reducing the fly population. The pupal parasitism technique will allow AOD to determine how many fly larvae are being killed by the parasitic wasps. Determining the E fectiveness of the Wasps If a large number of fly larvae continue to be alive. AOD can modify the Plan, which may include, but not be limited to, changing the release location of parasitic wasps, releasing more parasitic wasps, or changing when such wasps are released. • 5 {ClientA7153v36v02044383.DOC/} LAW OFFICES OF KRENDL KRENDL SACHNOFF & WAY • PROFESSIONAL CORPORATION 370 SEVENTEENTH STREET,SUITE 5350 Sender's Direct Dial: DENVER,COLORADO 80202 303-629-2653 CRYSTAL L GORDON TELEPHONE 303-629-2600 Sender's a-mall: FACSIMILE 303-829-2606 clg@krendl.com December 31,2007 SENT VIA FEDERAL EXPRESS AND E-MAIL to lexbv@co.weld.co.us,tiiricek@co.weld.co.us, and bbarker@co.weld.co.us Laurie Exby and Trevor Jiricek Weld County Department of Public Health and Environment 1555 N. 17th Ave. Greeley, CO 80631 Bruce Barker, Esq. Weld County Attorney 915 10th Street Greeley,CO 80632 RE: Updated Items for Management Plan for Nuisance Control—Special Review Permit-1602 Dear Ms.Exby and Messrs.Jiricek and Barker: For your review, we submit this letter and the attached Exhibits on behalf of Aurora Dairy Corporation d/b/a Aurora Organic Dairy ("ADD"). • Exhibit 1. This Exhibit supplements Section 1 of the Management Plan for Nuisance Control for the High Plains Dairy dated October 2007 (the"Management Plan"), which AOD submitted to the Health Department and the Commissioners on October 24, 2007. Pursuant to Section 1 of the Management Plan, AOD agreed to provide the Health Department with a detailed description of its'composting process to be managed by Al Organics. Exhibit 1 hereto sets forth the contract between AOD and Al Organics and includes a detailed description of the composting process to be performed at the High Plains Dairy. Exhibit 2. This Exhibit supplements Sections 3 and 4 of the Management Plan. Pursuant to Sections 3 and 4 of the Management Plan, ADD agreed to submit more detailed information about its biological control and monitoring plan that it intends to implement for the 2008 fly season. Exhibit 2 hereto sets forth a detailed outline of the biological control and monitoring plan that will be implemented for the 2008 fly season. For your information and files, I have also enclosed a copy of the letter mailed to each of the neighbors of the High Plains Dairy inviting them to attend an open house at the dairy on January 8, 2008. As described in the Management Plan,AOD is hosting this open house to describe and explain Exhibits I and 2 hereto, as well as generally facilitate the relationship between the dairy and the neighbors. AOD will provide the neighbors of the dairy with copies of Exhibits I and 2 at the open house,as well as send copies to each of the neighbors by mail. Accordingly, we would appreciate any comments that you have on the attached Exhibits prior to January 8,2008. In addition to the foregoing Exhibits and pursuant to Development Standard G of the Special Review Permit,AOD is required to submit an executed copy of an agreement with the property's mineral • Laurie Exby Trevor Jiricek • Bruce Barker,Esq. December 31, 2007 Page 2 owners/operators or demonstrate an "adequate attempt to mitigate the concerns of the mineral owners" before the Department of Planning will record the plat. AOD was requested by Mr. Barker to demonstrate that the parties (the Cockroft Dairy LLC and various oil companies) to the Surface Use Agreement had made an adequate attempt to finalize the agreement by January 1, 2008. According to George Ottenhoff of Lind, Lawrence & Ottenhoff, LLP, the attorney for the property owner, the parties are close to finalizing the Surface Use Agreement. After the October 24`"hearing, the parties exchanged two separate drafts of the agreement and have corresponded regarding the agreement. Mr. Otttenhoff anticipates finalizing the agreement pending resolution of one outstanding issue. AOD has offered to assist Mr. Ottenhoff with the negotiations to facilitate a final resolution of the Surface Use Agreement. We believe that the drafts of the Surface Use Agreement exchanged between the parties, as well as the communications between the parties, evidence an adequate attempt to finalize the agreement. Accordingly,we request that the Department of Planning record the plat. If you have any questions or comments about the enclosed documents,please contact me at(303) 629-2600. Very truly yours, KRENDL KRENDL SACHNOFF&WAY Professional Corp or n • Crystal L. Gordon CLG/ cc:Dr.Juan Velez Sonja Tuitele Marc Peperzak Lee Sachnoff Chris Gathman Tom Honn Ken Lind,Esq. Enclosures • (Client\I[53\36\02044 t01.DOC/} • December 17, 2007 Dear ... I am writing to you on behalf of Aurora Organic Dairy (ADD) to introduce myself and our new High Plains farm manager, Bill Cronin. Bill has been with Aurora for 25 years and, after building and running our new Texas farms for several months, has come back to Colorado to run our High Plains dairy farm. He was one of the people who developed this dairy location and, as a result, is incredibly experienced and knowledgeable about this particular farm, specifically, and organic dairy agriculture, in general. I have recently joined AOD and am managing communications and community relations for the company. With Bill being situated at our High Plains farm and me at our home office in Boulder,we wanted you to know that you can contact us any time you have any questions or concerns about AOD. We know you were in contact with Randy Checketts previously and,unfortunately, he has moved on to pursue another opportunity. So, we felt it would be appropriate to introduce ourselves and invite you to an informal Town Hall meeting at our High Plains Dairy. Who: AOD CEO,Marc Peperzak and Farm Management team What: Community Town Hall Meeting Where: Aurora High Plains Dairy, New Frontier Conference Room • When: Tuesday,January8, 2008 at 6 p.m. In addition to meeting you face-to-face, we would like to share with you our plans for nuisance control to ensure the fly situation from last summer doesn't repeat itself. We have put a comprehensive pest management plan in place and are consulting with a leading entomologist from Kansas State University to help us manage pest control while ensuring compliance with USDA National Organic Regulations. We also want to take this opportunity to answer any questions you have about our farm operations and to ensure we are achieving our goal of being a good neighbor to you. We hope you will join us for this meeting. Please contact me directly to let me know if you plan to attend and how many people will be attending, as we will serve light refreshments and need to plan accordingly for the number of attendees we expect. Also, please feel free to contact me or Bill any time if you have questions or concerns about our High Plains Dairy. Our contact information follows. Bill Cronin,Farm Manager, 970.454.2420 or bills@auroraorganic.com Sonja Tuitele, Communications Director, 303.222.0637 or sonjat@auroraorganic.com I look forward to meeting you on Jan. 8`"! Sonja Tuitele Communications Director • Z • 5 O CD z H O 4 0 U H U (¢7 O W F¢- W • W • Aurora Organic Dairy Manure Management and Compost Program Outline High Plains Dairy It is our understanding that the objective of the manure management plan will be to compost approximately 50% of the manure and organic waste streams produced at the dairy. Aurora Dairy has constructed a compost site that will be provided for this operation. Aurora Dairy will deliver the waste streams to the site during targeting composting periods through existing dairy cleaning practices. The dairy currently uses free stall design as part of their dairy operation.. This design produces liquid manure streams as well as standard manure waste that will need to be handled as part of this process. The liquid streams will require the incorporation of carbon sources such as ground wood or green waste to provide structure and porosity In the composting process. Al will provide the required carbon sources to effectively handle the wet manure streams as part of Its service agreement. The long-term objective of the project will be to minimize wet manure conditions that provide potential sources of both odor and nuisance conditions. Through a combination of manure handling techniques we believe we can minimize also the required purchase volumes of carbon sources as required to compost adequately, however, there should be an expectation of higher volumes of ground material during the initial startup period. • Al is proposing that liquid handling equipment now owned by the dairy be modified for direct application of wet manure to windrows of composting material. The incorporation of liquid directly into high-temperature process material can decrease the amount of time required to drive out moisture content as well as minimize nuisance conditions surrounding liquid manure. It does require significant volumes of in-process material to effectively handle large quantities of liquid and so the start up phase will target the construction of windrows to be used in this fashion. Al operates one of the largest straddle windrow turners on the market. This unit has a trailer package that allows mobility between production sites. This turner would be used in conjunction with other Al sites and would be billed out only on volume turned. This equipment will ensure that windrows are aerated properly during the composting process to maintain adequate heat for pathogen destruction and long-term odor minimization. Al has had the best success in developing programs where it supervises direct involvement of the composting process. We have found that the most effective way to provide this is to assign one of our production operators to the site. Our proposal requires that the base loader and operator will be provided by Al whereas this operator will also serve as the site supervisor during targeted compost periods. This supervisor works directly with Al management and Dairy management to coordinate all site activities. As additional equipment resources like loaders are needed, the dairy may wish to provide this equipment to minimize cost depending on availability. During non-targeted compost periods the Diary will use existing equipment to maintain the cleanliness of the compost site including the removal and management of any standing surface water. The dairy is also committed to converting existing sand bedding into compost bedding applications. This conversion process can be accomplished in two ways. Al will provide en option to purchase prepared bedding material from outside sources until adequate volumes of bedding can be produced • 2 • within the compost program operated onsite. Another less desirable option will be to phase out the use of sand over time as internal bedding volumes are developed. This is less desirable in that sand content within manure streams can inhibit compost breakdown and thus slow down the overall process as well as hinder temperature ranges targeted for pathogen destruction. Compost that is not used back into the dairy process as bedding will be used for nutrient applications on pastureland operated by the dairy. Al will produce mature compost product for this use. Through proper composting the product available for land application will be tested for pathogen destruction along with nutrient values. This material will also have consistent moisture content to enhance application effectiveness. Al intends to apply its experience and developed processes fully to the project. Our composting proposal will have an initial term of 3 years from the date of initial compost activity. The proposal will automatically renew for successive three-year periods unless either party notifies the other of intent to terminate 60 days prior to the end of the then current proposal. Although we don't believe any segment of this process is proprietary we do have an interest in protecting our long history of process development. Al would propose that we agree to price mechanisms within the agreement that would allow us to work with the dairy to evaluate cost structures annually. Rising fuel prices for example, represent changing conditions that may impact service fees. Al maintains a rigorous compost sampling and lab-testing schedule at its various sites. As part of the project management at the dairy, Al would take monthly random samples, maintain chain of custody requirements, and submit to its contracted laboratories for analysis. The resulting analysis would then be provided to the dairy each month. Upon request of the Dairy, Al will also perform additional sampling or lab testing with those incremental fees and charges passed on to the dairy as indicated on the service agreement. IDAl has developed a tracking and database software packages that tracks a number of required parameters including windrow construction, Production identification numbers, temperature records, pathogen reduction qualification charts, turning and process tracking, and monthly inventory reports. Al would setup a database segment that would be dedicated to the data collected at the dairy. 10% of in-process volumes would be documented to provide site data. These reports would then be provided to dairy as requested. A sample of these reports has been attached. To aose Date n Velez Date Vice President of Operations V' e President of Farm Operations Al Organics urora Organic Dairy • 3 z a • C7 O 0 O cc 0 O O a Vi J W • Py C� W • • ADDENDUM 1 TO MANAGEMENT PLAN FOR NUISANCE CONTROL FOR HIGH PLAINS DAIRY This Addendum 1 shall supplement Sections 3 and 4 and be incorporated by reference into that certain Amended Management Plan for Nuisance Control for High Plains Dairy dated October 2007 (the "Management Plan"), which was submitted by Aurora Dairy Corporation d/b/a Aurora Organic Dairy, a Delaware corporation ("AOD"), to the Weld County Department of Public Health and Environment (the "Health Department"). Pursuant to Sections 3 and 4 of the Management Plan, AOD agreed to provide the Weld County Department of Health and Environment more detailed information regarding its proposed biological control and monitoring plan, which AOD intends to implement in 2008, to control fly populations at the High Plains Dairy (the "Dairy"). Accordingly, this Addendum 1 outlines the proposed biological control and monitoring plans for fly control, which AOD will implement in the spring of 2008. The procedures set forth herein may need to be amended and/or modified during or after the 2008 fly season depending upon the success of the procedures described below, and the Health Department will be notified of any such modifications. • The Program (as defined herein) set forth below was created by Dr. Broce, Ph.D., Department of Entomology Kansas State University. In creating this program, Dr. Broce visited and conducted research at the Dairy in the fall of 2007. AOD intends to use Dr. Broce as a consultant for the 2008 fly season. As a consultant, Dr. Broce is expected to visit the Dairy in March, May and July. During his visits, he will train certain employees of AOD, and such training will include placement of fly traps and identification of fly larvae. In addition, Dr. Broce will collect flies to conduct studies at his laboratory in Kansas and review the data collected by AOD. BIOLOGICAL CONTROL AND MONITORING PLAN This Integrated Pest Management Program (the "Program") outlines the procedures that will be implemented by AOD to control fly populations at the Dairy. Two types of flies are present at the Dairy (1) house flies, Musca domestica, and (2) stable flies, Stomoxys calcitrans. Accordingly, this Program was designed to eliminate and reduce the foregoing species of flies. The Program will include the implementation of(a) biological control agents, (b) cultural and/or sanitation control, such as elimination of larval developmental sites, and (c) mechanical control, such as window screening. The proven most cost-effective control measure against house flies and stable flies is the use of sanitation control. • (Client\I 153\36\02043975.DOC/4) • A. MONITORING PLAN. Integrated Pest Management ("IPM") programs are based on various operational principles. One of the key principles of an WM plan is that pest population levels determine when and how control measures should be implemented. Consequently, monitoring the population dynamics of the pest is basic for any IPM program. Monitoring population dynamics allows for the continuous evaluation of the efficacy of applied control strategies, but most importantly, it signals impending population explosions, which permits plan managers to undertake proactive control measures. In addition, the collection of data from population monitoring plans allows plan managers to understand population dynamics and assists with the anticipation of annual ups and downs of fly populations. The ability to anticipate increases and decreases in fly populations, allows a plan manager to release an adequate number of biological control agents to get ahead of problems before they arise. AOD will implement two separate monitoring plans for the flies present at the Dairy because house and stable flies have distinct biological differences, specifically, their feeding habits. I. Monitoring Plan for House Flies. Spot cards. AOD will use spot cards as its primary method for monitoring house flies ("Spot Card Monitoring"). AOD will implement Spot Card Monitoring by placing 3 • x 5 white index cards on surfaces preferred and frequented by house flies as resting sites. Selection of sites for placement of cards is critical and will be based on previous observations of sites of resting flies or on existing accumulations of fly fecal and regurgitate spots. AOD will place the spot cards at the Dairy at the following locations: Dairy office, parlor breezeway, shop, maternity room, wall outside the east parlor, wall outside the west parlor, front entrance alley,brake room, pen 1, pen 4, pen 5,pen 8, pen 9, pen 13 and pen 16. AOD will place the cards at eye-level and will maintain the position of the cards with pins or adhesive tape. The spot cards will be exposed for approximately one week. After the spot card has been exposed, AOD will record the total number of grey, yellow. and brown spots (black spots are made only by stable flies) on the spot cards. In analyzing the spot card data, AOD will pool the number of spots on cards from similar habitats (loafing areas, milk parlors, etc.) and results will be input on graphs that will reflect the average number of spots per week per habitat. 2. Monitoring Plan for Stable Flies. Alsynite cylinder traps. AOD will monitor the population of stable flies by using Alsynite cylinder traps. D. Williams (a USDA researcher at Florida) discovered the strong attraction of stable flies toward Alsynite®, a fiberglass plastic widely used for skylights and greenhouses. Williams used this plastic to make a trap consisting of four, 1- square-foot vanes on which an adhesive was applied. Broce (KSU) made a 1-foot- . [Client\i 153'36\02043975.Doc/4} 2 • diamater by 12-inch-high cylinder trap which was adopted as the standard stable fly trap for being more efficient and easier to operate. The cylinder is attached to a wooden stake with the trap's bottom placed 1 foot off the ground and covered with a thin plastic film coated with adhesive. AOD will install the cylinder traps on the four cardinal points around the Dairy because these areas are not too dusty and such areas are protected from the curiosity of the cattle. When servicing a trap, the adhesive-coated plastic is removed from the trap, and then attached to a protective non-sticky clear film. Trapped stable flies can be seen through the clear film and identified by the stout proboscis extending forward from under the head. AOD will leave the traps for approximately 1 week, provided that under dusty or high fly population conditions, more frequent trap servicing may be required. 3. Monitoring Plan for Housefly and Stable fly larval development. The most reliable method to predict fly population increases is to inspect their potential habitats for the presence of immature forms (eggs, larvae, and pupae). Therefore, AOD will monitor the accumulated, older manure, paying particular attention to changes in the manure surface where the surface has changed from smooth to being riddled by small holes. This change likely will predict when fly populations are on the increase. The habitat inspections addressed above will be used on the pastures as well. If • fly larvae are found on these pastures, traps can be used to monitor fly emergence. These traps—called pyramidal emergence traps— consist of a square wooden base (such as 20 X 20) with a square pyramidal cone of window screen attached; at the pyramid's vertex, a clear cup with an inverted cone is attached. To operate it, the trap wooden base is pushed into the ground and flies captured as they emerge from the manure. 4. Monitoring Housefly and Stable fly populations on Adjacent Property. In addition to the monitoring plans that will be conducted at the Dairy, AOD intends to place spot cards on the residences of four adjacent neighbors. The spot cards will be placed in an area on the property that is protected from the rain and mutually agreeable to the neighbor and AOD. AOD will collect data from the spot cards approximately once a week; provided that, the spot cards may be exposed for a shorter or longer period of time if the conditions warrant changing the length of exposure. The foregoing monitoring plan will be implemented presuming the adjacent neighbors are amenable to participating in such monitoring plan. B. BIOLOGICAL CONTROL PLAN. House flies and stable flies, like every other insect, have a guild of natural enemies that include parasitic wasps, predatory beetles and mites, and fly pathogens. The parasitic wasps have been studied the most, and therefore, have been extensively • (Client\I 15313610204 3975.OOO/4) 3 • • integrated into fly management programs. Accordingly, AOD will use parasitic wasps as its biological control agent. These parasitic wasps are harmless to humans and animals. In addition, the parasitic.wasps are tiny, cannot fly long distances, and normally go unnoticed in dairy barns. Nonetheless, the parasitic wasps arc effective in finding and killing developing fly pupae for house and stable flies. The time it takes for a fly to go through its life cycle is 12 days in the summer; this results in a high growth potential for its population. Conversely, parasitic wasps require about 3 weeks to complete a life cycle. Accordingly, to ensure that parasitic wasps are a successful tool in managing fly populations, the releases of these biocontrol agents must be done frequently and at appropriate rates. I. Initiating releases of fly pupal parasites. Initiating the release of the parasitic wasps will be based upon the first historical frost free day in Colorado, which is April 26th. Accordingly, AOD plans to release the parasitic wasps on April 26th. However, if adult house flies are already active, this date could be advanced for one-to-two weeks given that parasitic wasps can protect themselves in microhabitats, potentially moving the release date to April 12th. Annual ending point for parasite releases will be considered around the first frost date for the region, which is October 14th. • 2. Level of parasite releases. There are various commercial suppliers of parasitic wasps in the USA and in Canada; the quality of the products varying widely. AOD has elected to purchase parasitic wasps from Beneficial Insectaries (considered one of the suppliers with a better track record). This company provides house fly pupae parasitized by two species of gregarious Muscidifurax wasps, M. raptor and M. raptorellus. Parasitized house fly pupae are provided in pouches at the rate of 25,000 pupae per pouch; but because the gregarious nature of these particular species, the yield is expected to be greater than 50,000 adult parasites from a pouch. AOD will release approximately 20 pouches per week at the Dairy, a release rate of approximately 1 million wasps per week. Depending on fly population dynamics and the levels of pupal parasitization determined by monitoring plans described above, AOD may modify the rate of wasps released. 3. Sites for parasitic wasp releases. The most effective release points are those near larval habitats with active larval populations; such habitats will be identified by monitoring efforts (such as those recommended herein). In the absence of available wind and sun protected release sites, simple but effective release shelters will be constructed and deployed in areas suspected or proven to be active larval habitats. In the absence of information on larval habitats, release sites will be selected on a regular pattern throughout the Dairy grounds, but • (Clienlll 153O6\02043975.Doc/4) 4 • preferring sites located upwind from the grounds so wind-dispersed wasps have a greater chances of coming in contact with their pupal hosts. 4. Effectiveness of Parasitic Wasps. AOD will ensure that the releases of the parasitic wasps are effectively reducing the fly population by determining the level of pupa] parasitism. The pupal parasitism technique will allow ADD to determine how many fly larvae are being killed by the parasitic wasps. If a large number of fly larvae continue to be alive, AOD can modify this Program, which may include, but not be limited to, changing the release location of the parasitic wasps, releasing more parasitic wasps, or changing when such wasps are released. The technique to determine the level of pupal parasitism is as follows: Pupae will be collected from existing larval habitats, making sure to collect only red, dark pupae indicative of older pupae (>2 days old) and avoiding the younger brown, light pupae. This ensures the collection of pupae that have been exposed to the parasitic wasps. To be able to determine the percentage of solitary (one parasite developing per pupae) and gregarious (more than one parasite per pupa) species of parasites, collected pupae will be held individually in large gelatin capsules or in small containers such as vials. Holding the pupae specimens in these containers for 17 days will allow flies and wasps to emerge and thus record the number of solitary and gregarious parasites, the • number of non-parasitized but killed pupae, and the number of live non-parasitized pupae. C. REPORTS TO THE HEALTH DEPARTMENT. AOD would like to work in conjunction with the Health Department to implement this Program. Accordingly, AOD will provide the Health Department with the following information on May 30, 2008, July 30, 2008, and September 30, 2008: • A Monitoring Plan Report. This report will include graphs that summarize the data collected from the Spot Card Monitoring and Alsynite cylinder traps. • Biological Control Report. This report will include the number of parasitic wasps released during the two month period, the location of the release, and the results of the pupal parasitism tests performed during such period. • }Client\I 153\36\02043975.DOC/4} 5 ORGANIC DAIRY MEMORANDUM DATE: April 16, 2008 TO: Trevor Jiricek, Weld County Public Health FROM: Sonja Tuitele, Vice President of Communications, Aurora Organic Dairy CC: Laurie Exby, Chris Gathman, Bruce Barker, Ken Lind, Julie Cozad RE: REQUEST FOR FOLLOW-UP INFORMATION FOR USR #1602 - MANAGEMENT PLAN FOR NUISANCE CONTROL Dear Trevor, This memo is in response to your January 16, 2008 e-mail request for additional • information on Aurora Organic Dairy's Nuisance Management and Composting plans for the High Plains (Cockroft) Dairy in Gill, per USR #1602. We apologize for the delay in getting this follow-up information to you, but several components of the plans needed to be implemented and/or addressed in greater detail prior to being able to respond. Our responses to your original questions follow. Please contact me if you require any additional clarification or detail regarding these plans. I) Exhibit 1 of the October 2007 Management Plan for Nuisance Control outlines a few specific items that Aurora's compost program will include that don't seem to be addressed by your December 31, 2007, submittal. Specifically, it lacks a D&O plan that would outline the specific practices that will be necessary in order to successfully compost manure. Contracting with A-1 really does give a high level of comfort but the document attached as Exhibit 1 in your December 31, 2007, letter doesn't constitute a D&O plan. A D&O plan should be submitted to address, at a minimum, the following: 1) a description of manure handling from start to finish, ie., will be stockpiled prior to composting or will it immediately be incorporated into composting units. 2) description of documentation procedure. 3) frequency of testing and turning, etc. A-1 should have no problem putting together this plan. Attached please find a D&O plan submitted by A-1 Organics (Attachment #1), and reviewed and confirmed by Aurora Organic Dairy farm management. The attached • plan thoroughly addresses all of your questions regarding the composting at the site. With regard to stockpiling manure, we have implemented new protocols at the farm whereby we will not be stockpiling manure between April 15 and October 15,and • we will also not be providing manure to neighbors during this time. During the winter months, while flies and other insects are dormant (October 15—April 15), we will be spreading the manure on our pasture fields for fertilizer, as well as providing manure to neighbors as fertilizer to assist with their conversion to organic crops. Therefore, we cannot control whether these neighbors will expeditiously spread the manure on their fields or allow it to be stockpiled on their properties. 2) The Plan indicates 50% of manure will be composted. Please explain the fate of the other 50% of manure. Specifically, how it will be stored and managed to prevent nuisance conditions from developing. Also, please describe targeted composting periods? We will be composting 100% of the manure between April 15 and October 15. The 50% referred to in the plan that will not be composted is the manure that is generated during the winter months when flies are dormant (October 15—April 15). As stated above, this manure will be provided to neighbors for fertilizer and will be spread on our fields as fertilizer. Due to the fact that flies are dormant during these months,we do not anticipate this activity will encourage nuisance conditions from developing. Targeted composting periods will be between April 15 and October 15. 3) The Plan states "Dr. Broce will train certain employees on placement of fly traps and identification of fly larvae." Provide a copy of the proposed training and method of documentation used for individuals trained in identification of flies. • Dr. Broce conducted a thorough training with our farm management teams and staff veterinarians on March 27, 2008. These people will, in turn, train our farm employees regarding the placement of fly traps and identification of fly larvae. Throughout the April—October time period, we will be holding bi-weekly meetings with our internal fly prevention team, and we will document those meetings. Attached please find an outline of the training conducted by Dr. Broce (Attachment #2). 4) Release of parasitic wasps is proposed as a biological control agent at Aurora Dairy. The Department requests the areas of release and amount of parasitic wasps released on the dairy property be documented along with the placement of traps. The release of the parasitic wasps will largely rely on the data from on-going monitoring of fly populations. We will be releasing 20 pouches of wasps per week and there are 25,000 wasp pupae per pouch, so that totals 500,000 wasps released each week. In addition to the areas identified by the monitoring, the locations will depend on environmental factors like weather, wind and pasture conditions. That said, we will definitely release wasps in the areas that are expected to produce the greatest number of flies, such as the composting site,the rear of the milking facility, the commodity storage area and the hospitaUmaternity area. • 5) Prior to placing spot cards on neighbor's property, provide signed documentation • from residents willing to participate in the fly monitoring program to the Department. We have attached the consent agreement signed by each neighbor who has agreed to participate in the spot card monitoring program (Attachment#3). Their homes are located in different areas surrounding the dairy to achieve a fair representation of fly populations on neighbors' properties. 6) According to the Plan the most reliable method to predict fly population increases is to inspect potential habitats. It states "Aurora Dairy will monitor the accumulated, older manure.... "Please clarify this statement with respect to why there is "old manure" piled about the facility. There will not be old manure piled about the facility. The manure that is in process of being composted will be monitored throughout the composting process. 7) While it appears the Plan addresses the fly problems within the Aurora Dairy confines there is no mention of the additional properties Aurora Dairy farms. As you are aware the adjacent property is the site where nuisance conditions from flies originated. While the dumping of liquid waste on adjacent property has been stopped does Aurora Dairy have any plans on monitoring these properties for potential fly problems? The practice of dumping liquid manure during the fly season (April 15— October • 15) is not a part of our protocol going forward. However, the problem that occurred last summer was due to human error and an employee spread the manure on pasture 1 on our dairy property (not an adjacent property). Monitoring and controlling fly populations throughout the dairy, as well on several neighbors' properties, will allow us to monitor for potential fly issues before they become a problem. ATTACHMENT#1 -COMPOSTING D&O PLAN • Aurora Organic Dairy High Plains Organic Dairy Design and Operations Plan January 2008 INTRODUCTION This Design and Operations (D&O) Plan is for composting operations at Aurora Dairy's High Plains Organic Dairy and is prepared pursuant to the Colorado Regulations Pertaining to CAFO Facilities. The High Plains Organic Dairy is located at 33796 WCR 57, Gill, CO. 80624, located at the intersection of Weld County Road 70 and Weld County Road 57. It is currently operated as a fully permitted dairy operation in Weld County, Colorado. This Design and Operations Plan is intended to outline the practices used within the composting operations located at the dairy. Names, addresses, and telephone numbers of the owner and/or • operator, and one or more persons having the authority to take action in the event of an emergency: Operator: Aurora Organic Dairy 33796 WCR 57 Gill, CO. 80624 970-356-2242 (Office) Operator Contacts: Bill Cronin General Manager, High Plains Dairy (720) 564-6296 ext. 467 (office) (303) 886-2894 (cell) Barney Little Director of Farm Resource Development (303) 938-5868 (Office) (303) 709-0750 (Cell) Juan Velez Vice President of Farm Operations (720) 564-6296 ext. 466 (office) (303) 956-2084 (Cell) • Name of the composting facility, physical address and legal description, location with respect to the nearest town, and mailing address. Name of the facility: High Plains Organic Dairy Physical/Mailing High Plains Organic Dairy Address: 33796 WCR 57 Gill, CO. 80624 Legal Description: An Agricultural Service Establishment primarily engaged in performing agricultural, animal husbandry, or horticultural services on a fee or contract basis, including Livestock Confinement Operations (a dairy operation for a total of up to 4,500 head of cattle including milking cows and dry cows) in the A (Agricultural) Zone District. Nearest Town: Gill, Co. (4 miles south of the site) Compost site location and existing surface water control structures; • The composting facility, with an available area of approximately 30 acres, is located within the described legal property. This area is fully defined within the existing CAFO permit and has existing water control structures in place to support composting and prevent run on, run off, and waste stream discharge from the property. Description of materials to be composted; Types of materials to be composted: The facility will compost or process organic waste streams generated from the dairy operation as well as associated bulking agents required to effectively compost the on-site waste streams. This includes but is not limited to: agricultural crop residues, manure, untreated wood wastes, green wastes, and other materials as approved by Weld County and the Colorado Department of Public Health and Environment (CDPHE). Water and other approved wetting agents will also be utilized in the composting process. Prior to receiving and utilizing any other specific type of wetting agent material, the Operator will provide the Department a general waste characterization and/or profile for approval. • Description of the composting operation, procedures and activities; Composting Process Description Composting of organic materials has been a widely accepted practice for centuries. In the past few decades, it has become more refined and accepted as a method of dealing with all types of organic waste materials such as animal manures, municipal solid waste, biosolids, food waste, yard wastes, animal mortalities, and water treatment plant residuals. A typical compost mixture will have a carbon to nitrogen ratio of between 30 - 40:1, and moisture content of around 40-60%. Less moisture causes a retardation of biological activity, and greater moisture may clog pore spaces between particles, thus restricting oxygen transfer. Composting is generally an aerobic process, which allows microorganisms indigenous to the material being composted to degrade or decompose (digest) the organic material and convert it into heat, carbon dioxide, and water. Successful composting occurs in the mesophilic and thermophilic temperature range. The elevated temperatures are obtained by biological activity in the composting material. No input of heat or energy is required. The process develops temperatures that eradicate weed seeds and pathogens. Bulking agents are often blended with feedstocks to provide porosity for oxygen flow and to act as a carbon or nitrogen source for the bacteria. • The final compost produced contains humus, stabilized organic mater, micro and macronutrients, and beneficial soil bacteria. It is generally moist, dark in color, has no objectionable odor, and free of pathogens and weed seeds. Introduction of compost to soil increases the water holding capacity, improves structure and texture, increases porosity, and provides soil bacteria critical for healthy, disease resistant plant growth. While compost is often classified as a soil amendment, it contains significant levels of macronutrients such as organic nitrogen, phosphorus, and potash as well as other micronutrients. Organic nitrogen will not leach or volatilize, and thus will not increase nitrate levels in soils and water supplies The following overview is intended to provide an overall concept of how the facility will operate. Changes in operational procedures will occur based on experience and actual conditions encountered and will be monitored by Al Organics as part of our composting contract. Composting Operations Feedstocks from the dairy operations and bulking agents will arrive at the designated compost site by truck, trailer, or other means of material handling. • Materials will be off loaded at designated areas for blending or mixing prior to placement in processing units such as windrows, static piles, in-vessel systems, or • other processing units. High moisture material will be delivered and placed in mixing areas to promote natural evaporative drying prior to mixing with the required bulking agents or existing in-process materials. Production activities will consist of mixing or blending of feedstocks, bulking agents, and wetting agents on the processing site, and formation of, or placement in appropriate processing units (MSAP windrows, aerated windrows, in-vessel systems, static piles, etc.). If wetting agents are needed(liquids), mixing will be accomplished in above ground mixing basins, batch mixed with absorbent materials, or directly applied with tank equipment to the processing units. Material will be loader mixed in batches so that all materials are fully blended prior to placing in a process pile or windrow. The batch process generally creates a homogenous mix of materials. Once the batch mixing is completed the area is cleaned with the front-end loader as part of the windrow or piling process. Al Organics has been contracted by High Plains Organic Dairy and will choose the best available technology based on site operating practices, material conditions, nuisance conditions, and available equipment. • Currently, composting technologies fall in one of several types of processes or categories: Aerated Windrow (AW): Aerated windrow composting is currently the most common type of composting procedure. In this procedure, feedstocks and bulking agents (if required) are blended to produce the pre-compost mixture. The compost mixture is placed in long piles called windrows. The windrows can be various sizes, but generally are approximately 12- 18 feet wide, and 6 - 9 feet tall. These windrows are normally sized to accommodate the type of equipment that will be used to aerate them. As an example, if a windrow turner is used, they will usually not exceed the 12 - 18 foot by 6 - 9 foot dimension. However, if front end loaders are used to aerate them, the windrows can be 20- 30 feet wide, and 10 -15 feet tall, depending on the size of the loader used to build them. Once formed the bacteria and fungi present in the windrows will begin the composting process. The bacteria will cause the pile temperatures to increase. Pile temperatures normally will reach the 130-150 degree range. Temperatures are controlled via aeration and by moisture balance. The major byproducts of the decomposition process produced by the bacteria and fungi present in the pile are carbon dioxide, water vapor, and heat. • During the composting period, the windrows will be aerated using the specialized equipment or loaders. The aeration process is done to introduce additional oxygen to the pile, release excess moisture, reduce particle size, and to condition the material in the windrow. This aeration process also helps to control nuisance conditions such as anaerobic conditions that produce odor as well as natural fly habitats that may exist. It is a mechanical process in which the outside and inside of the pile are exchanged and mixed. Windrows will be aerated up to 20 times before the process is complete. Al Organics will monitor windrows based on material condition, temperature, moisture, and oxygen content to determine the frequency of aeration. Aeration typically occurs every two weeks in the beginning of the composting process, and slows as product matures. Additional control of fly conditions can be achieved through the incorporation of parasitic wasps. These wasps can be quite effective in controlling fly populations. They are released into problematic areas weekly where they locate fly larvae in their natural habitat. The wasps then occupy the fly larvae, thus killing the larvae. Parasitic wasps are extremely small and pose no threats to surrounding areas, wildlife, pets, or plants. They tend to stay relatively close to the area in which • they are released. Static Pile (SP) and Modified Static Aerobic Pile (MSAP): Static pile and MSAP technology is similar to aerated windrow technology in that large piles of predetermined mixtures of materials are constructed. The,difference is that the piles are then turned with front-end loaders instead of mechanical turners. Temperature in the piles will again elevate as they do in the aerated windrow technique. Pile structure is very important if static pile or the MSAP process is used. Pile structure will determine the airflow and subsequent availability of oxygen to the bacteria, moisture balance, and overall efficiency of the composting process. Aerated Static Pile (ASP): Aerated static pile composting can also utilize pipes with blowers attached to them are placed under or in the compost piles to provide additional oxygen to the bacteria. These pipes can either be sacrificial, permanent or reusable. The blowers are used to pump air through the pipes into the piles when oxygen levels within the piles need to be increased. The airflow also helps remove excess moisture. • Bio-filter caps (ground wood, compost, etc.), can be placed on top of the static • piles to help control odors if necessary. In-Vessel In-vessel composting is similar to aerated static pile composting with the exception that the process is done within a closed vessel, bag, or building of some type. This process may be done either aerobically or anaerobically, and is generally very expensive. In-vessel composting can also utilize accelerators, enzymes, and bacteria to affect the process. In-vessel composting can also utilize cover systems that are pulled onto and off of piles. The covers help control the composting process environment, shed rainwater, help retain moisture, and control odors. Digesters are also forms of in-vessel composting processes. Wetting agent characteristics and operational procedures: Wetting agents, if needed, will be delivered to mixing basins, directly applied to windrows, incorporated into batch mixing procedures, or unloaded into • application equipment for application. As needed, the windrows will be aerated, turned, or flipped to incorporate wet materials and facilitate composting. After wetting agents are applied, the composting process will continue until completion in compliance with the Design and Operations Plan. Compost Sampling and Process Documentation; Al Organics will document the ongoing process of the compost operations according to standard composting practices. Compost will be produced utilizing best management practices that include production techniques to meet pathogen reduction criteria approved for use in composting. Windrow temperatures will be obtained and recorded for a representative minimum of 10% of the existing process material. These temperatures are recorded to insure adequate pathogen reduction as well as monitoring the compost biological activity. Biological activity will be used as one of the criteria by Al • Organics to adjust compost practices at the site, as well as determine the needed frequency of aeration. • Aeration of process material will be documented according to each batch or processing unit produced. This documentation along with adequate temperature data will be used to qualify compost for use within dairy operations such as application to pasture or cropland, and or use as bedding. Finished compost will be sampled and tested at least once every 20,000 cubic yards of compost produced, or annually, whichever is more frequent. • • ATTACHMENT#2 -OUTLINE FOR DR.BROCE • INTEGRATED PEST MANAGEMENT TRAINING OUTLINE Integrated Pest Management (IPM) for confined animal feeding operations (CAFOs), mainly feedlots and dairies Use of different control tools Cultural Biological Mechanical Chemical New challenges in applying IPM technology to control houseflies and stable flies: • Insecticide resistance (cross resistance) • Fewer available insecticides • Legal conflicts with urbanites • New larval habitats • Organic production Because of the scarcity of chemicals compatible with the principles of organic • production, IPM for organic CAFOs can be challenging. The key is prevention. IPM programs for organic CAFOs rely on mechanical, cultural, and biological controls (rarely chemical) Two attributes of housefly and stable fly biology: • High reproductive potential • Minimal requirement of larval media Bio-controls agents of flies: • Parasites • Predators • Competitors • Pathogens • Parasitic wasps are the most used in CAFOs —Muscidifurax zaraptor oviposition behavior. IPM principles a) Hosts can withstand certain levels of pest density without decreasing production I)) Host population levels and dynamics dictate when to apply control • These two principles are based on pest monitoring-surveillance: • Monitoring provides just relative, rather than absolute, estimates of population • levels • Therefore, same surveillance method • Two sampling methods are better than just one Housefly biology: • Larval habitats • Mating behavior • Overwintering • Feeding dynamics • Vector potential • Economic importance Housefly surveillance: • Spot cards: 3 x 5 white index cards; select referred resting sites. Monitor fly specks and regurgitate (brown, gray, yellow). Place them indoors, protected from rain. Monitor year-round to detect overwintering. • Jug traps: milk jugs with side openings or commercial traps baited with patented attractants • Fly ribbons: for indoor monitoring in area frequented by flies Stable fly biology: • • Larval habitats • Mating behavior • Overwintering • Feeding dynamics • Vector potential • Economic damage and importance Stable fly surveillance—population dynamics: • Alsynite cylinder traps; protected from cattle; direct sunlight • Counting flies on hosts o Counts of stable flies or the level of behavioral responses of host to the presence of flies o Counts of flies on front legs o Rate of foot stomping or tail switches o Difference on visitation time to various hosts Monitoring of housefly and stable fly larval developing • Development in unusual habitats • Aggregation or segregation of larvae • Use of fly emergence traps • ATTACHMENT#3-NEIGHBOR CONSENT FORM March XX, 2008 Dear ...., This letter is to provide authorization to Aurora Organic Dairy to place pest monitoring spot cards (white index cards) on your property and to regularly monitor those cards throughout the fly season, which is expected to be April through October 2008. As part of the nuisance control plan we shared with you at our Jan. 8, 2008 meeting and in a follow-up mailing, Aurora Organic Dairy—along with the support of Dr. Broce, a leading entomologist from Kansas State University—will be monitoring fly populations in and around our High Plains Dairy in Gill, Colorado. We would like to extend the monitoring to select neighbors' homes that represent different areas along the perimeter of our dairy pasture. This way, we can determine if the fly populations are increasing and becoming problematic, which will allow us to employ nuisance control measures to control the flies before any problems arise. We will place the spot card(s)in protected areas outdoors on your property in early April. We will monitor the cards regularly to record fly landing stains and to ensure that the fly populations in our fields and on your property are not increasing throughout the season. This will require an Aurora Organic Dairy employee to enter your property at least weekly between April and October 2008 for this monitoring. We ask that you do not remove or relocate the cards at any time, as they need to be protected from rain, wind and other weather that may damage them. • By signing below, you authorize Aurora Organic Dairy representatives to enter your property, place the spot cards on your property, and re-enter your property to regularly monitor fly activity throughout the fly season from April through October 2008. We appreciate your assistance and want to assure you that we are doing everything we can to prevent a pest problem this summer. Your cooperation in this work will help us control fly populations beyond our fence line at the dairy farm. Sincerely, Bill Cronin General Manager, High Plains Dairy I, (name), agree to allow a representative from Aurora Organic Dairy to enter my property to place fly monitoring spot cards on my property and to frequently monitor these cards throughout the time period from April 1 through October 31, 2008. Entry onto my property is subject to the following restrictions: ❑ None ❑ Specify: • Signed Date From: Sonja Tuitele [mailto:Sonjat@AuroraOrganic.com] • Sent: Thursday, May 22, 2008 3:01 PM To: Trevor Jiricek Cc: Laurie Exby; Bruce Barker; Chris Gathman; Juan Velez; Cozad, Julie; Ken Lind • Subject: RE: Aurora Dairy, USR #1602 Dear Trevor, As requested, I am providing you with additional details regarding the nuisance management plan and its implementation for our High Plains Dairy in Gill, USR#1602. I have also attached training materials from Dr. Broce, as well as the forms we've created to regularly monitor the spot cards, alsynite cylinder traps, dairy sanitation and our overall progress. These documents, as well as the answers to your specific questions should provide the detail you need. If they don't, please let me know any other specific information required and I will send it to you. Questions: 1) How long will each card be in place? Each card will be in place for a period of one week. Each week the cards will be replaced with new ones and the old cards will be kept in a binder to compare weekly changes in fly populations. Additionally, the number of spots will be recorded into an excel data sheet for tracking purposes. 2) How often will the cards be set? As mentioned above, cards will be replaced once a week. • 3) What is the threshold, in #'s of spots, to which a fly problem will be indicated? There really isn't a standard threshold that can be used because the number of spots depends on the location, weather, humidity, wind. etc. Rather than setting a threshold for a certain number of spots, we will be monitoring each location over time to see if the population rises. When we see a rise in the number of flies, we will focus our efforts with parasitic wasps and other measures in those locations. 4)What is the method of measuring effectiveness of training of employees? We have a core team of people at Aurora Organic Dairy who are in regular communication with Dr. Broce. Within this team, one person is responsible for managing the monitoring program and tracking the data. It is important that one person is assigned to monitoring the spot cards because this monitoring is based on visual observation and can be subjective from person-to-person. For consistency, we need to have one person assigned to this task. Dr. Broce has monthly trips planned to meet with this core team and to assess our progress. So, we are keeping the management of this program -- down to the spot card monitoring and internal dairy inspections -- at a very high level to ensure it is an effective and successful program. We expect to have Dr. Broce attend our June 5th Open House event, and he will be able to share more details about this program and our progress. Again, please let me know if you need any additional information. Thank you for your feedback, and we hope you are able to attend our Open House event at the dairy on June 5th at 5:30 p.m. • Sonja • From: Trevor Jiricek [mailto:tjiricek@co.weld.co.us] Sent: Monday, May 05, 2008 9:50 AM To: Sonja Tuitele Cc: Laurie Exby; Bruce Barker; Chris Gathman Subject: Aurora Dairy, USR #1602 Sonja, Thanks for getting us the most recent information. With exception to the Dr. Broces training component all of the documents submitted are acceptable to us. We would appreciate a bit more information concerning the training component that will be presented to Aurora employee's. There is an outline as to what will be presented by Dr. Broce on the topic of integrated pest management for the Aurora facility. However, it isnt clear to us how the spot cards will functionally work. Heres a couple of questions and our line of thinking concerning additional information: 1) How long will each card be in place? 2) How often will the cards be set? 3) What is the threshhold, in #'s of spots, to which a fly problem will be indicated? We would ask Dr. Broce elaborate on these topics. Also, please provide class materials and handouts of Dr. Broce's class and the method of measuring effectivness of training of employee's. By providing these materials WCDPHE will be able to understand the methodology and reasoning behind the different measurement tools used by Aurora Dairy. Thanks for your cooperation. Please call us if you have any questions. Trevor Jiricek, M.A. Director, Environmental Health Services Weld County Department of Public Health & Environment • 1555 N. 17th Ave Greeley, Colorado 80631 970-304-6415, ext. 2214 (office) 970-304-6411 (fax) • AOD FLY CONTROL PROGRAM Date:....../.... • Technician- Facilities 1. Presence of push down or old feed Yes n No E Pen #: Notes 2. Accumulation of water Yes L No C Pen #: Notes. 3. Build up of manure under the fence lines Yes C No Pen#: Notes • 4. Dry Lot scraped and maintained Yes No Pen#: Notes 5. Piled manure in dry lot Yes - No Pen #: Notes• 6. Piled bedding. Yes I No Pen#: Notes• • 7. Round or square bale feeders. Yes - No Location: • Notes- 8. Dumpsters empty or with the lid on. Yes L No Location: Notes 9. Building surroundings Clean and Dry. Yes 1 No Notes' 10. Road cleanliness. 1 2 3 4 5 6 7 8 9 10 Notes • Commodities Areas 1. Clean and Dry. Yes C No Notes' 2. Presence of push down feed. Yes No Location: Notes 3. Presence of humid hay or decomposed feed. Yes ❑ No Location: • Notes• Calf Yard 1. Presence of push down or old feed. Yes No Location: Notes 2. Presence of water or milk on ground. Yes I No Location: Notes' 3. Presence of accumulated bedding. Yes INo Location: Notes. • 4. Building surroundings clean. Yes E No Location: Notes 5. Road cleanliness. 1 2 3 4 5 6 7 8 9 10 Notes• • AOD FLY CONTROL PROGRAM NOTE*Changes may be made to any part of the program only if referred to Mauricio. • Surveillance 1. Spot cards New spot cards will be placed once a week at the determined locations;provided that, the spot cards may be exposed for a shorter or longer period of time if the conditions warrant changing the length of exposure. a. Locations for spot card placement Neighbors (6): i. Mr. Ryan Reinick (Call before going). ii. Mr. Jim Noah (No need to call). iii. Mr. Duane Mix (No need to call). iv. Mr. Jim Wolfram (No need to call). v. Mr. Matt Pettinger (No need to call). vi. Mr. Brad Peters (No need to call). AOD Dairy Farm (15): vii. Dairy Office viii. Parlor breezeway ix. Shop x. Maternity room xi. Wall outside the east parlor xii. Wall outside the west parlor xiii. Front entrance alley • xiv. Break room xv. Pens: 1, 4, 5, 8, 9. 13 and 16. b. Action. i. If private property and if necessary introduce your self to the owner (ask permission). ii. Each new spot card needs to have the following information written on the back of the card: the date, location, time of placement and technician initials. Write this information on one of the borders of the card. iii. The spot card needs to be placed at eye level, in a place protected with shade. iv. When replacing the spot card. The replacement time and date should be noted on the back of the card. The old card should be placed in a zip lock plastic bag. c. Reading i. Count the number of grey, yellow and brown spots on the card. (The black spots are made from Stable flies and do not need to be counted). If the number of spots is too high place the card under the grid and countl0 random squares. Contact Mauricio or Emily if you think that the spot card should be changed more often. 2. Cylinder Trap Alsynite Cylinder Trap: The cylinder is attached to a wooden stake with the trap's bottom placed 1 foot off the ground and covered with a thin plastic film coated with • adhesive. Traps should be installed so that they are protected from the curiosity of cattle. preferably in areas that are not too dusty. The Cylinder Trap will'be serviced once a week; provided that. the Cylinder Trap may be exposed for a shorter or longer period of time if the conditions warrants changing the length of exposure. • a. Locations for Cylinder trap placement i. High Plains (4) Four points at the dairy. Check. 1. North West Corner 2. North East Corner 3. South East Corner 4. South West Corner ii. Ray-Glo (4) Calf Yard, between the calf hutches. 1. place 2. place 3. place 4. place b. Action i. When servicing a trap, the adhesive-coated plastic is removed from the trap then attached to a protective non-sticky clear film. Place the new adhesive-coated plastic on the cylinder and put in place on the trap. c. Reading Trapped stable flies can be seen through the clear film and identified by the stout proboscis extending forward from under the head. They may also be identified by differences in the abdomen size and color when compared to house flies. Follow the identification guidelines provided. 3. Fly Ribbons a. Locations Faun i. Parlor breezeway ii. Shop iii. Maternity room iv. Break room. v. Hospital room vi. Front entrance alley b. Action i. Ensure that the paper is changed at least twice a week depending upon fly population 4. Fly wasp release: The most effective release points are those near larval habitats with active larval populations; such habitats should be identified by surveillance efforts (such as those recommended herein). Wasps will be released beneath individual shelters numbered from 1 through 20. a. Locations for wasp release placement i. High Plains (15) 1. Location 2. Location 3. Location • 4. Location 5. Location 6. Location • 7. Location S. Location 9. Location 10. Location 11. Location 12. Location 13. Location 14. Location 15. Location ii. RayGlo 1. Location 2. Location 3. Location 4. Location b. Action. i. Remove wasp media container from stand. ii. Determine if it is humid or moldy. iii. Discard old media by placing in a plastic bag that will then be added to the compost system. If container needs to be cleaned please clean it thoroughly. iv. Refill the container with new wasp media and place it under the stand. v. Write down the lot number with each respective stand. • c. Reading i. No reading is necessary. 3. Jug Traps: Using one-gallon white plastic (milk) jugs with four, one-inch entry holes made about the jug shoulders. The trap is baited with a house fly natural food acting as a feeding attractant. The Jug Traps will be serviced once a week; provided that, the Jug Traps may be exposed for a shorter or longer period of time if the conditions warrant changing the length of exposure. 5. a. Locations for jug trap placement i. High Plains (15) 1. Location 2. Location 3. Location 4. Location 5. Location 6. Location 7. Location 8. Location 9. Location 10. Location 11. Location 12. Location • 13. Location 14. Location 15. Location b. Action i. When servicing a trap, the jug is emptied, date and jug number is • written. c. Reading i. No reading. • • AOD FLY CONTROL PROGRAM Date• Technician. Facilities 1. Presence of push down or old feed Yes No Pen#: Notes 2. Accumulation of water Yes E No Pen #: Notes. 3. Build up of manure under the fence lines Yes No Pen #: Notes • 4. Dry Lot scraped and maintained Yes I No Pen #: Notes. 5. Piled manure in dry lot Yes No Pen#: Notes- 6. Piled bedding. 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' i� rte /� . : ., _ l - - IL O0 0 -•---- -- -• . . . . . - • - --.--- . • —. -- , . 'eq., ale _I tilli ff i� J . -- - '3 1+ 3. "1. 4.1 tii . rill V-- e. aet s I A.4w Sns - - . r1 ►s Zia .»: ,. • . ..-.+.-. .1� —..._. .4 . • t I / -• � - --• • .-- • .- 11 . . • 1 --...�T.. ..} } .• 4 1 • �.�.� Tidal" tf kJ a riiel 4 i k . • • - „.. , ____ . • . 4 Ai. I 5 cr. a ta 4,,c { d • • _ C) Ct H M p • 4-i . r., O 45-4 7E) M • 9 4) tPprj O Ct C ) S-r .-4 O O C) �j bA e !D0� , � (1) '_ CZ • v fa FS wm•I p=4 4•ma V �~ O ct V tio o P C) 4J " O N - O coo uo 4� 4� r OTA c.) ct ezi :24 ct ‘.4 ;._40couipz , O .-O ri • Ct p co ,P7• 4J 4< o cm O 2 o o tElm4 .1=4 O _ _ _ D a 8.4 _ _ CI 17; O O a� O • �� ORGANIC DA►Ry • - January 11,2008 Dear, I hope you were able to make it to our Open House meeting at the High Plains Dairy last week. I tried to personally meet each of the neighbors who attended,but if I missed you, I apologize and look forward to meeting you in the future.In case you didn't make it to the meeting or didn't have a chance to get a copy of the detailed nuisance control and composting plans we reviewed at the meeting,we wanted to follow up with a mailing to all of our neighbors to ensure you received the information. Enclosed please find an easy-to-read summary of the nuisance control plan, as well as the detailed nuisance control and composting plans for 2008, which were recently submitted to the county. At Aurora Organic Dairy,we are committed to these plans and to ensuring that the pest problems of 2007 do not repeat in 2008. For background information, I've also enclosed a brochure, which provides an overview of Aurora Organic Dairy and our commitment to Weld County. Please remember that Bill, our High Plains General Manager, and I are here to help you if yon have any issues or concerns about the dairy: Bill Cronin,General Manager, 970.454.2420 or billc@auroraorganic.com Sonja Tuitele,Communications Director,303.222.0637 or sonjat@auroraorganic.com • For those of you who attended the meeting, you know that we also kicked off what we are calling a Good Neighbor Milk Gift,which is our way of saying thank you for being our neighbors and supporting our community. Each household can get as much as eight''/ gallons of great-tasting organic milk on the first Saturday of every month from 9 a.m.to 11 a.m. for free. Just come to the High Plains Dairy office and Dawn will be there to hand it out. Since the milk is ultra-pasteurized, it has a longer"sell by"date and is good for 60 days as long as it is refrigerated. So be sure to keep it cold! Here are the dates we will be offering the Good Neighbor Milk in 2008 (please note that due to the Fourth of July holiday,we will be offering the milk on the second Saturday of that month). February 2,2008 March 1, 2008 April 5, 2008 May 3, 2008 June 7,2008 July 12, 2008 August 2,2008 September 6,2008 October 4,2008 November 1,2008 December 6, 2008 Again,please don't hesitate to contact me or Bill if you have any questions. Thank you! �} ti Ivy • Sonja Tuitele Communications Director V\ L• L • ft • ANIC le • 1 •y March 27,2008 Dear Sir or Madam. We are pleased that you have been enjoying our organic milk and that we have been getting a huge turnout on our Good Neighbor Milk Days. We love to be able to share our milk with our neighbors and are happy that you are enjoying it as much as we do! That said, we are getting a bigger turnout than anticipated for the milk giveaways and our plant is only producing enough milk for the neighbors who are on our contact list. If you receive this letter,it means you are on our contact list and are eligible for up to eight%s gallons of our High Meadow organic milk each month. To ensure we don't run out of milk that has been allocated to our neighbors, we can only allow people on our list to participate in this program. so please do not invite your extended family or friends. From now on, you will need to sign your name on our list when you pick up your milk.That way,we will make sure that we have enough for you and don't run out of milk like we have in weeks past. Our Good Neighbor Milk program is designed to treat our immediate neighbors to the great milk this farm produces day in and day out. Each household can get as much as eig'ht'h gallons of great-tasting organic milk on the first Saturday of every month from 9 a.m. to 11 a.m.for free. Just come to the High Plains Dairy office and Dawn will be there to hand it out. Since the milk is ultra-pasteurized,it has a longer"sell by"date and is good for 60 days as long as it is refrigerated. So be sure to keep it cold! Here are the dates we will be offering the Good Neighbor Milk in the remainder of 2008(please note that due to the Fourth • of July holiday,we will be offering the milk on the second Saturday of that month). April 5,2008 May 3, 2008 June 7, 2008 July 12, 2008 August 2,2008 September 6,2008 October 4,2008 November 1.2008 December 6, 2008 Please remember that Bill, Dawn, and I are here to help you if you have any issues or concerns about the dairy: Bill Cronin, General Manager,970.454.2420 or bille@auroraorganic.com Dawn Wobig, Office Manager,970.454.2420 or dawnw@auroraorganic.com Sonja Tuitele,Vice President of Communications,303.222.0637 or sonjat@auroraorganie.com Thank you and we hope to see you on Saturday! Sonja Tuitele • Vice President of Communications • I/"‘ j ^�v\� ORGANIC DAIRY May 13,2008 Dear, I hope this letter finds you enjoying the longer days and warmer weather of the season. Now that summer is upon us, we are planning another event at the High Plains Dairy and would love it if you could attend. We are having an Open House event, which will include a complete tour of the dairy followed by an update meeting on our progress with our composting and nuisance management plans. We also want to make sure that we keep the communication lines open to ensure we are meeting your needs and doing everything we can to be a good neighbor. Who: Aurora Organic Dairy team . What: Community Tour and Open House Where: High Plains Dairy in Gill, New Frontier Conference Room When: Thursday,June 5,2008 at 5:30 p.m. We'd like you to see our dairy farm in action so you know more about what we do and what it means to operate an organic dairy farm. We also want to provide you with our progress on the composting and nuisance management plans we shared with you in January. Dr. Broce, the Kansas State University entomologist who created the program,is planning to be in town that day, and, if so, he will be available to provide his perspective when we give an update on our fly mitigation efforts. We hope you will join us for this meeting. Please contact me directly to let me know if you plan to attend and how many people will be attending, as we will serve light refreshments and need to plan accordingly for the number of attendees we expect. Also, please feel free to contact me or Bill any time if you have questions or concerns about our High Plains Dairy. Our contact information follows. Bill Cronin, General Manager, 970.454.2420 or billc@auroraorganic.com Sonja Tuitele, VP of Communications, 303.222.0637 or sonjat@auroraorganic.com T look forward to seeing you again on June 5°i! • Sonja Tuitele Vice President of Communications • n r. L ' ORGANIC DAIRY - June 30, 2008 Dear, As you know, Mother Nature intervened with a big rain storm and we had to cancel our Open House event that was scheduled on June 5°i. We are writing to let you know that we have rescheduled that event for Thursday,July 10°i at 5:30 p.m. You and your family are invited to join us for a complete tour of the dairy followed by an update meeting on our progress with our composting and nuisance management plans. Who: Aurora Organic Dairy team What: Community Tour and Open House Where: High Plains Dairy in Gill, New Frontier Conference Room • When: Thursday,July 10, 2008 at 5:30 p.m. We'd like you to see our dairy farm in action so you know more about what we do and what it means to operate an organic dairy farm. We will provide you with our progress on the composting and nuisance management plans we shared with you in January. We also want to make sure that we keep the communication lines open to ensure we are meeting your needs and doing everything we can to be a good neighbor. We hope you will join us for this meeting. Please contact me directly to let me know if you plan to attend and how many people will be attending, as we will serve light refreshments and need to plan accordingly for the number of attendees we expect. Also, please feel free to contact me or Bill any time if you have questions or concerns about our High Plains Dairy. Our contact information follows. Bill Cronin, General Manager, 970.454.2420 or billc@auroraorganic.com Sonja Tuitele, VP of Communications, 303.222.0637 or soniat@auroraorganic.com Also, please note that, due to the Fourth of July holiday weekend, the July Good Neighbor milk giveaway will be on Saturday,July 12th from 9 a.m. to 11 a.m. We will resume the Good Neighbor milk days on the first Saturday of the month again in August. I look forward to seeing you again on July 10`'! • Sonja Tuitele Vice President of Communications ir • — r' GAN� R � 1 •Y May 30, 2008 Laurie Exby and Trevor Jiricek Weld County Department of Public Health and Environment 1555 N. 17th Ave. Greeley, CO 80631 Subject: Scheduled Reports to the Health Department Dear Ms. Exby and Mr. Jiricek, As promised in our Dec. 31, 2007 follow-up letter to the Weld County Department of Public Health and Environment regarding the Management Plan for Nuisance Control — Special Review Permit-1602, we submit the first of three monitoring reports to share our data collection and biological control activities. • We began implementation of our Management Plan for Nuisance Control on April 9, 2008 and, therefore, have gathered approximately seven weeks' worth of data to share in this report. This report includes two parts: • A Monitoring Plan Report, which includes information and graphs that summarize the data collected from the Spot Card Monitoring and Alsynite cylinder traps, and • A Biological Control Report, which includes the number of parasitic wasps released during the seven-week period, the location of the release and the results of pupal parasitism test performed during this period. We will provide additional reports on July 30, 2008 and September 30, 2008 for your review. Monitoring Plan Report Monitoring House Flies — Beginning on April 9, 2008, we have used Spot Cards as a primary method for monitoring house flies. We have placed 3" x 5" white index cards on surfaces preferred and frequented by house flies as resting sites. This includes the Dairy office, parlor breezeway, shop, maternity room, wall outside the east parlor, wall outside the west parlor, front entrance alley, brake room, pen 1, pen 4, pen 5, pen 8, pen 9, pen 13 and pen 16. Additionally, we have placed Spot Cards on six neighbors' properties • surrounding the Dairy (please see map below). • _ _ at, . 4 - ; j • •�_ T .rc arr._ ._ _ -- - _ _ ._ :._ Y_ An example of a Spot Card placed at the Dairy. Spot Card Locations =- . • u q. f . l " 1 • I ,L.... ix iN rte' A_ _ -As M, __ - -. _ - 3 . _ I /r .L ",�' r.' . J r 3 may to an - . I outside the e t 5. t «:�: �. parlor fi. . I sII outside the w; - —� . • t �k.. • - '• �.. S�Arl�or — Proni vnbi'snce alto i . ', +. �y • r . - ` Break roots- { _ I �I Pens: • ::.._1 , 4. 5. 8. 9. c • and - • .1 - - _ .. . _ '�, rte•` • ' 1. , - 0- - xl 44 . ... .. . . , ... ..... .. _. •. _ ..._ •z �_ 1 J r t_I t • 1 }./La _ • • • O.I. UU:JjI:t_f•: 1 iiiijir.1 ''' • Ill In the seven weeks we have been monitoring the Spot Cards, most of the cards have been • clean and the greatest number of spots recorded on any individual card was 7 during the week of April 23, 2008. The numbers of spots recorded has actually declined since then, thereby suggesting that we have not experienced any increasing house fly populations in and around the Dairy Farm. We have kept copies of each of the Spot Cards in a binder and have replaced the Spot Cards at each location every week. Please see below for a chart detailing the Spot Card monitoring data. Spot Card Monitoring Data 9- 16- 23- 30- 7- 14- 21 - Apr Apr Apr Apr May May May Mr. Ryan Reinick 0 0 0 0 0 0 0 Mr. Jim Noah 0 0 0 0 0 0 0 Mr. Duane Mix 0 0 0 0 0 0 1 Mr. Jim Wolfrum 0 0 0 0 0 0 0 Mr. Matt Pettinger 0 0 0 0 0 0 0 Mr. Brad Peters 0 0 0 0 0 0 0 Dairy Office 0 0 0 0 0 0 0 Parlor breezeway 0 0 0 0 0 0 0 Shop 0 0 0 0 0 0 0 Maternity room 0 0 0 0 0 0 0 Wall E 0 0 0 0 0 0 0 Wall W 0 0 0 0 0 0 0 Front entrance • alley 0 0 0 0 0 0 0 Break Room 0 0 0 0 0 3 0 Pens: 0 0 0 0 0 0 0 1 0 0 0 0 0 0 0 4 0 0 0 0 0 0 0 5 0 0 7 0 0 0 0 8 0 0 0 0 0 0 1 9 0 0 0 0 0 0 0 13 0 0 0 0 0 0 0 16 0 0 0 0 0 0 0 Total 0 7 0 0 3 2 Monitoring Stable Flies — Also since April 9, 2008, Aurora Organic Dairy has used Alsynite cylinder traps to monitor stable flies. This is a 1 -foot-diameter by 12-inch-high cylinder trap on which an adhesive is applied. The cylinder is attached to a wooden stake with the trap' s bottom placed 1 foot off the ground and covered with a thin plastic film coated with adhesive. We have installed the cylinder traps on the four cardinal points around the Dairy. When servicing the traps, the adhesive-coated plastic is removed from the trap and then attached to a protective non-sticky clear film. Trapped stable flies are identified, counted and the numbers are recorded each week. Please see below for a map depicting the locations for the Alsynite cylinder traps: • . _ Alsynite cylinder traps • _- .4:_ C:y6i(�der traps �� ' , , Lim 42 _ rpr. et ,. i.se� �` s y ` �_ _ . . �:- . 4. I \ , _3‘..... -« .... ....., _ ^ .i YHilo, f-i:un�. 1 .J r r _ } •4 1. .. - ₹ _ - s .rte i� 1 1st _ h, U .. f -- r - .r lit 4 ' 10:111111 task-. ' 4 1, , . _.] 1 ir - f lir ' 0 + ' 1 7 Ci• IP 1 ..k 14 ' 1 .'"P410 1 _`.__ al, _ l 0 4.' y (p - • 1 r e In S.L.P. In the seven weeks we have been monitoring stable flies, the number of flies identified on each of the traps remained steady at between 0 and less than 20 with an average of 10 for all traps combined. We did experience a spike on one of the traps (SW), which caused the number of flies on that trap to be 54, and the total number of flies on all traps combined identified and recorded to increase to 78 on May 19, 2008. However, that was largely due to a single trap (SW) having a spike in the number of flies caught on that day. As a result of this fmding, we investigated the area and found old silage and hay, which was creating a breeding ground for flies. To eliminate this breeding ground, we scraped the area, removed the old hay and silage, and increased the number of wasps we released in that area. As a result, the number of stable flies identified in the SW cylinder declined to more normal levels at the next recording a week later. Below please find a graphical depiction of the Alsynite cylinder data recorded to date: • Alsynite cylinder traps • 500 - -0- Total • NW-1 450 - I NE-2 -N- SE-3 400 - -*- SW-4 42 350 - c U 300 - Z. 250 - u. to 200 - O Z 150 - 100 - 50 - ♦ • 0 I , Ol 4/16/08 4/23/08 4/30/08 5/7/08 5/14/08 5/21/08 Date Biological Control Report Wasp Release - House flies and stable flies, like every other insect, have a guild of natural enemies that include parasitic wasps, predatory beetles and mites, and fly pathogens. The parasitic wasps have been studied the most, and therefore, have been IIIextensively integrated into fly management programs. Accordingly, Aurora Organic Dairy has elected to use parasitic wasps as its biological control agent. MS Aar ` . t _ - - -I _ 10 t , 1L= - i •t' b , . = �Kra - .,�.--.4 �, a - z _ 1i arte• ... - f` ,-,.. _____;--e _ - -..,q - - ,a i One of the wasp release pouches is pictured here at our calf pen. We have built shelters for the pouches to protect them from the elements. 0 • Fa `r ,..C, i - N,. .- . -b L _ . _:___ _Thr -mar - . Ili 74 ' : ,r-z- - -_....._ »w -.1).- _. - .., „ _ - _ _ -_- _ _ t-'g'4. . e ex s. o• �"I ' 4 c' 4+aar `. I�.�={ �nb�� e==♦=icei' �1. 4��s ` •. •gip,. .+�Tw�1 ett Clirit%t " ♦pS .3 !eS S' ♦♦ a- _ �� / �o-� .r ♦ / ♦ a• NIblei 41 --7-„ .e. - •tom rip dik glit ari 4 r _ ,�'a i srr 4,1-;.--' � _ r.• •trniit::. This is an up-close view of the wasp release pouch. We initiated the release of the parasitic wasps on April 26, 2008, which is historically the first frost-free day in Colorado. Since then, we have released 20 pouches of wasps per week at the Dairy, with a release rate of approximately 500,000 wasps per week (each pouch averages 25,000 wasps). Based on our inspections at the dairy and the monitoring data gleaned from the Spot Cards, we will modify the number of wasps released as necessary. Each week, we are releasing wasps in 24 different locations throughout the High Plains and Ray-Glo Dairy Farms. These locations are areas that are suspected or proven to be active larval habitats for fly populations to develop. The release sites are IIindicated by the green stars on the map below: • Wasp 0 Release :aid Wr :1t fir'. -, -.,4 Wasp releasing sites ` itt r !f a.. r� < - . i: ta . . 111 ,.. s i 1 r ' A—, / ,, •1,- / i/ t - a�+s / i it Z _ Iv * - .. -.• C �' .=. • A� 3 "% !' _ ` _ L t r 1 f ..yf *Ally" y`s� -' .t.:I,. 11 If :7 tcpiwpf- 7 t 14r ,- in ill ,. r. -010111 I. . 4.ft, 1111 r: i . . ,, ,, , • 4 S * ,• f - p` - {/V We have provided graphs below to demonstrate the number of wasps released at each location, as well as the total number of wasps released by week. As you can see, the compost area has a greater number of wasps being released due to it being an area where fly larvae is likely to develop. In addition to the regular wasps scheduled for release at the compost sites, the gold-colored bar indicates additional wasps we have been releasing in the general compost area. These are all the remaining wasps we have each week after the appropriate number of pouches have been placed in other locations. As our composting operation grows throughout the summer, we will be releasing additional pouches in this area, with one pouch of wasps being devoted to every windrow of compost. • - - OHP1 Wasp Released by Site 0 HP 2 OHP3 200000 o HP 4 ■ HP5 180000 - - - - - ❑ HP 6 160000 - - - ■ HP 7 ., O HP 8 0 140000 ■ HP 9 U _ ® HP 10 a 120000 - - _ ❑ HP 11 • ‘ 100000 M HP 12 ■ HP 13 ea 80000 ■ RG16 ■ RG17 N 60000 ■ RG 18 w 40000 _ _- _ • RG19 o RG21 20000 ' —,— 0 Comp31 - 11111 11II I1fl1uwjj ❑ Comp32 0 ❑ Comp33 24-Apr 3-May 8-May 14-May 22-May O Comp34 Date o Comp 35 , o Compost Total Wasp Released • 600000 - — — O Total c 0 U a. co Ct 500000 -- -a cu 44 a E w 400000 --- --- 7 - — 24-Apr 3-May 8-May 14-May 22-May Date Pupae Parasitism Tests - The Pupae Parasitism Tests are designed to determine the effectiveness of the wasps in fighting fly populations. The pupal parasitism technique allows us to determine how many fly larvae are being killed by the parasitic wasps. Below please find a map that details the location of the pupae parasitism test sites: • Pupae Parasitism Test Sites • 1st - - - .7.-: 1•• Pupa Parasitism Test - - Site - Pen Site * lit'1 � ' � i at , � _‘ ! -, _.2 111,-11 tt ' • ; } I 41 � r 1 .l 7}i.A. �i 1 - - o ill, Pupa Parasitism Test A ' _4 Site - East Compost : IIs t , , ., . \ . i l F, }� , ».-..-- --•. .j = 'i L1` ty i, ....r. i i i j, i ,te, 1k ii 1 L . Pupa Parasitism Test = _I 1_ Site - West Compost 3I q i • 1 4'y l ;3/4 }61 1 'f - • . III per -.� The technique to determine the level of pupal parasitism is as follows: Pupae are collected from existing larval habitats, making sure to collect only red, dark pupae indicative of older pupae (>2 days old) and avoiding the younger brown, light pupae. This ensures the collection of pupae that have been exposed to the parasitic wasps. To be able to determine the percentage of solitary (one parasite developing per pupae) and gregarious (more than one parasite per pupa) species of parasites, collected pupae are held individually in vials for 17 days, which allows flies and wasps to emerge. This way, we can record the number of solitary and gregarious parasites, the number of non- parasitized but killed pupae, and the number of live non-parasitized pupae. We began testing the pupae at the above-identified sites on May 14th, 2008. The tests thus far indicate that at all sites, combined, the wasps induced death on approximately 60 percent of the flies. No pupa-hatching wasps were identified in the tests and approximately 40 percent of the pupa hatched into flies. Based on information from Dr. Broce, this is a strong result, suggesting that the wasps will be effective in our program, as they were able to kill the majority (60%) of the fly pupae. • , _ In conclusion, while our program is just starting, we are pleased with the results of our • monitoring and biological control plans thus far. We will continue to closely monitor this situation and implement our program as the summer progresses. To keep everyone abreast of our progress, we will be providing our neighbors with a tour of our High Plains Dairy followed by an update meeting on Thursday, June 5, 2008 at 5:30 p.m. I've attached a copy of the letter we sent to our neighbors to explain the event. We will share an update on our progress with the nuisance and biological control plans, as well as our composting operation. Additionally, Dr. Broce will be in attendance to answer any specific questions people might have about this program. We hope you are able to attend. In the meantime, please contact me if you have any additional questions about this report. Sincerely, Sonja Tuitele Vice President of Communications Aurora Organic Dairy • • Attachment—Neighbor letter for June 5,2008 Open House • May 13, 2008 Dear. I hope this letter finds you enjoying the longer days and warmer weather of the season. Now that summer is upon us, we are planning another event at the High Plains Dairy and would love it if you could attend. We are having an Open House event, which will include a complete tour of the dairy followed by an update meeting on our progress with our composting and nuisance management plans. We also want to make sure that we keep the communication lines open to ensure we are meeting your needs and doing everything we can to be a good neighbor. Who: Aurora Organic Dairy team What: Community Tour and Open House Where: High Plains Dairy in Gill,New Frontier Conference Room When: Thursday, June 5, 2008 at 5:30 p.m. • We'd like you to see our dairy farm in action so you know more about what we do and what it means to operate an organic dairy farm. We also want to provide you with our progress on the composting and nuisance management plans we shared with you in January. Dr. Broce, the Kansas State University entomologist who created the program,is planning to be in town that day, and, if so, he will be available to provide his perspective when we give an update on our fly mitigation efforts. We hope you will join us for this meeting. Please contact me directly to let me know if you plan to attend and how many people will be attending. as we will serve light refreshments and need to plan accordingly for the number of attendees we expect. Also, please feel free to contact me or Bill any time if you have questions or concerns about our High Plains Dairy. Our contact information follows. Bill Cronin, General Manager, 970.454.2420 or bills@auroraorganic.com Sonja Tuitele, VP of Communications, 303.222.0637 or sonjat@auroraorganic.com I look forward to seeing you again on June 5th! Sonja Tuitele Vice President of Communications • • ; i" ORGANIC DAIRY July 30, 2008 Laurie Exby and Trevor Jiricek Weld County Department of Public Health and Environment 1555 N. 17th Ave. Greeley, CO 80631 Subject: Scheduled Reports to the Health Department Dear Ms. Exby and Mr. Jiricek, As promised in our Dec. 31, 2007 follow-up letter to the Weld County Department of Public Health and Environment regarding the Management Plan for Nuisance Control — Special Review Permit-1602, we submit the second of three monitoring reports to share our data collection and biological control activities. • We began implementation of our Management Plan for Nuisance Control on April 9, 2008 and, therefore, have gathered approximately 15 weeks' worth of data to share in this report. This report includes two parts: • A Monitoring Plan Report, which includes information and graphs that summarize the data collected from the Spot Card Monitoring and Alsynite cylinder traps, and • A Biological Control Report, which includes the number of parasitic wasps released during the 15-week period, the location of the release and the results of pupal parasitism test performed during this period. We provided our first report on May 30, 2008 and will submit our final report on September 30, 2008 for your review. Monitoring Plan Report Monitoring House Flies — Beginning on April 9, 2008, we have used Spot Cards as a primary method for monitoring house flies. We have placed 3" x 5" white index cards on surfaces preferred and frequented by house flies as resting sites. This includes the Dairy office, parlor breezeway, shop, maternity room, wall outside the east parlor, wall outside the west parlor, front entrance alley, brake room, pen 1, pen 4, pen 5,pen 8, pen 9, pen 13 and pen 16. Additionally, we have placed Spot Cards on six neighbors' properties • surrounding the Dairy (please see map below). 1 It is important to note that, subsequent to our May 30th report, we have added a Spot Card to Pasture One on our property, which is directly across WCR 57 from the Rogers • residence. Even though we attempted to reach the Rogers several times by phone and did not receive a return call, we wanted to monitor the flies on this parcel, as Pasture One is where the primary fly problem originated in the summer of 2007. Since we were unable to obtain permission from the Rogers, and to avoid trespassing on their property, we located the Spot Card directly across the road from their home on our pasture. Spot Card Locations - lir. .�1 r • ma * M x . ' 4 . *j-leuuck '. + 01• i .1,i- - _ _•. III $ J 1 !DT 1 a V 1 *Pettinger . ill Ig.n F 1 „ 4 -.)- a_. :�. N Pr tilt : * it.** .-14 .:pry f : y _ iii---= — _ :Worry room ; - f -ii outside the e a • _' _« :` * parlor i -‘: 'at sig _ I outside -- --1------1 1 r F . -lies _ -• 4 , , Ni: , j and � , , .... ,. . . III . , r ......,, ' a ' ;,1 Pasitete i I ' --„, ,, * - .- 4 IANOIth = t . Al Assa. ..., ► turn " Peters _ e#= 1 s .40 3 _ r - < _T - _ • ,. fP u As the summer has progressed, as expected, we have experienced an increase of fly spots compared to what we had during the first seven weeks of the program. However, with the highest number of spots on any individual card for a week being only 44, our monitoring does not reveal we have a problem with house flies on our dairy. The highest recorded data are for Spot Cards located in the cattle pens on our property. The cards placed at or near our neighbors' homes continue to be relatively clean, with the highest weekly number of spots being three at the Reinick residence. We have followed up with Ryan Reinick to inquire whether they have had any issues with flies this summer and he said they haven't. We have kept copies of each of the Spot Cards in a binder and have replaced the Spot Cards at each location every week. Please see below for a chart detailing the Spot Card monitoring data from the week of June 4th through the week of 0 July 23rd. 2 Spot Card Monitoring Data • 4-Jun 11 -Jun 18. Jun 25-Jun 2--Jul 9-Jul 16-Jul 23-Jul Mr. Ryan Reinick 0 0 1 0 3 0 0 1 Mr. Jim Noah 0 0 0 0 0 1 1 0 Mr. Duane Mix 0 0 1 2 2 0 1 1 Mr. Jim Wolfrum 1 0 0 0 0 0 0 0 Mr. Matt Pettinger 0 0 0 0 0 0 2 0 Mr. Brad Peters 0 0 0 0 1 3 0 0 Dairy Office 0 0 0 0 0 0 0 0 Parlor breezeway 0 0 0 0 0 0 0 2 Shop 0 0 0 0 0 0 1 0 Maternity room 0 0 0 2 3 3 0 3 Wall E 0 0 0 0 0 0 0 3 Wall W 0 0 0 0 1 0 0 0 Front entrance • alley 0 0 0 0 0 0 0 0 Break Room 0 0 0 0 0 0 1 0 Pens: 1 1 0 0 3 4 21 36 8 4 1 0 1 0 0 4 11 9 5 1 1 1 6 6 8 42 27 8 0 0 0 3 3 11 6 44 9 0 0 0 5 2 4 1 9 13 2 3 0 10 27 13 24 26 16 7 3 4 5 19 8 26 24 • Pasture One n/a n/a n/a n/a 0 0 0 2 Total 13 7 8 36 71 76 152 159 Monitoring Stable Flies — Also since April 9, 2008, Aurora Organic Dairy has used Alsynite cylinder traps to monitor stable flies. This is a 1 -foot-diameter by 12-inch-high cylinder trap on which an adhesive is applied. The cylinder is attached to a wooden stake with the trap's bottom placed 1 foot off the ground and covered with a thin plastic film coated with adhesive. We have installed the cylinder traps on the four cardinal points around the Dairy. When servicing the traps, the adhesive-coated plastic is removed from the trap and then attached to a protective non-sticky clear film. Trapped stable flies are identified. counted and the numbers are recorded each week. Please see below for a map depicting the locations for the Alsynite cylinder traps: • . _ 3 Alsynite cylinder traps �" . .ir. - `i a - • _ _ p • Cylinder Traps � � f}. . lir `� .� 11 Pic l _ .Y ! At: iiii _ - _.sc _ _ - ' t . :_ It ;l i It -f = • _ •- i .. ' _..:: qtr I4 pi' •-• 11 ' �u. .. -T s r7 i t -•tomFAr ;_. - ' I .11E_ -! -_, t . ______ it; _ bilf,,, , . r_z , sc 111 _ ti.i. ►fir• ifr itik -t •L - ! : : r _ �1 :I• t it • * I __ As with the Spot Cards placed throughout the dairy, the Alsynite cylinder traps have shown an increase in the stable fly population in the most recent weeks. However, the greatest number of stable flies on any individual trap for a week-long period has been 92, which does not constitute a fly problem. In the most recent four weeks, despite the 90+ degree heat, the average number of stable flies recorded on each trap for a week-long period has been 46. We are pleased with this result, as it has been reported by our entomologist that, in livestock production, an average of 150 stable flies captured on an Alsynite cylinder trap each day is used as a measurement to indicate critical levels of fly populations (please note, our data is for an entire week-long period). • . 4 Below please find a graphical depiction of the Alsynite cylinder data recorded to date: • Alsynite Cylinder Trap 1000 - 900 - —+ - #1 NW - - #2 NE #3 SE 800 700 E 600 --x- #4 SW --*-- Total 0 t 500 p 400 S 300 200 100 co m m m m m m m m w m m m m c S a cg o 0 0 0 o g g o § N N N N N N N N N N N N N N '0.S tl`�S' C� G``'> C�]i 5 a e v r N M N v u iri u m m c�tl �[5 ^ Date • Biological Control Report Wasp Release — House flies and stable flies, like every other insect, have a guild of natural enemies that include parasitic wasps, predatory beetles and mites, and fly pathogens. The parasitic wasps have been studied the most, and therefore, have been extensively integrated into fly management programs. Accordingly, Aurora Organic Dairy has elected to use parasitic wasps as its biological control agent. We initiated the release of the parasitic wasps on April 26, 2008, which is historically the first frost-free day in Colorado. Since then, we have released 20 pouches of wasps per week at the Dairy, with a release rate of approximately 500,000 wasps per week (each pouch averages 25,000 wasps). In the last two weeks, due to the increase in the number of flies revealed in our monitoring, we have increased the number of pouches of wasps per week to 26, or 625,000 wasps released per week at the dairy. Based on our inspections at the dairy and the monitoring data gleaned from the Spot Cards, we have modified the number of wasps released as necessary. Each week, we are releasing wasps in 24 different locations throughout the High Plains and Ray-Glo Dairy Farms. These locations are areas that are suspected or proven to be active larval habitats for fly populations to develop. The release sites are indicated by the green stars on the map below: • 5 al Wasp Release Wasp releasing sites * i !Z, - t Lam , . V ilir PC 11/4: .- '-e-"e c= _ --- 9fri-:- -1 * . * Y) - _ - rr oft t 1 l S" T 41 4 " . "Istraile. l'i I, -'1" „Fr 5f _ L— i ,1 .* - : f . — — •.rit... i ' 61 •. :> l # 1 i _ ti ' ?r4' =i' ' • T TY . Pk 411 r..,.mss` ' � + • i � - -—...f.i—AITE ii : .% 91 at t mac _. , _ ,... ir ir T _ — i ii 4ir- 1*' .. . i_ . . ..,__ 1 , _ . _, ,. , . . . _ „7,„ - _,„, . • _ r_. - U- oo ,L, . . We have provided a graph below to demonstrate the number of wasps released at each location, as well as the total number of wasps released by week. As you can see, the compost area has a greater number of wasps being released due to it being an area where fly larvae is likely to develop. In addition to the regular wasps scheduled for release at the compost sites, the peach-colored bar indicates additional wasps we have been releasing in the general compost area. These are all the remaining wasps we have each week after the appropriate number of pouches have been placed in other locations. As our composting operation grows throughout the summer, we continue to release additional pouches in this area, with one pouch of wasps being devoted to every windrow of compost. Additionally, you can see that in the last two weeks since our monitoring data has increased for both the Spot Cards and the Alsynite Cylinder traps, we have increased the number of wasps released accordingly, and are now averaging 625,000 wasps per week, with a focus being in the areas that have experienced an increase in fly populations. • • -- 6 Wasp Release IIII 700,000 - O Compo O Comp 600,000 — — ❑Comp3 O Comp3 O Comp3; ❑Comp3 500,000 - _ - ❑21 ■ RG19 __ ■ RG18 ■ RG17 400.000 ■ RG16 o ■ HP 13 °ilill M ■H P 12 z300,000 _1 _ .. O HP 11 III IMP 10 - ■ H P 9 I ❑ HP8 iia OHP 6 BHP 100,000 - - MALI 4 - _ OHP4 6_ Imo. -. OHP3 —_ lam • _ = III II ® HP2 (, 1• OHP 1 • 6/5/08 6/12/08 6/20/08 6/26/08 7/3/08 7/10/08 7/18/08 7/24/08 Release Date • While we are tracking against these numbers based on the invoices we receive from the parasitic wasp supplier, Beneficial Insectary, we have received information from this supplier confirming that samples taken from our wasp pouches from April 14 to June 23, 2008 have yielded three-to-six times the minimum standard of wasps. In other words, the mixture of a single and the two gregarious species of wasps we are using has resulted in a minimum of 1 .5 million live parasites per shipment. Therefore, we believe — and have evidence — that we are releasing a much greater number of wasps than being reported. i Pupae Parasitism Tests — The Pupae Parasitism Tests are designed to determine the effectiveness of the wasps in fighting fly populations. The pupal parasitism technique IIallows us to determine how many fly larvae are being killed by the parasitic wasps. Below please find a map that details the location of the pupae parasitism test sites: Pupae Parasitism Test Sites ! ,e • -1.. . 1c _ 44 - - '\ 1 _g< i , r' ir ' L, Pupa Parasitism Test 'j _ •,, . {_ Site - Pen Site ift . ‘ '.; - I 1 - t4 i ; Si i - - xi ; , : 4r1 li. 4 I i i} - t , I - I 1L - =Y �It g ' Pupa Parasitism Test Site — East Compost ‘: 9.: 1**44‘ \ I . q it 1 . iii , ‘ . a -4, , • t k 1,-‘ ‘ I I \■\ Pupa Parasitism Test \�` Site - West Compost . The technique to determine the level of pupal parasitism is as follows: Pupae are collected from existing larval habitats, making sure to collect only red, dark pupae indicative of older pupae (>2 days old) and avoiding the younger brown, light pupae. This ensures the collection of pupae that have been exposed to the parasitic wasps. To be able to determine the percentage of solitary (one parasite developing per pupae) and gregarious (more than one parasite per pupae) species of parasites, collected pupae are held individually in vials for 17 days, which allows flies and wasps to emerge. This way, we can record the number of solitary and gregarious parasites, the number of non- parasitized but killed pupae, and the number of live non-parasitized pupae. With regard to this test, the wasps' efficacy of parasitization has not been rigorously evaluated since our last report because there has not been the number of wild pupae to collect for this evaluation at the High Plains Dairy. This result reflects the low level of • intermediate stages of flies present on the dairy, which includes larvae and pupae. We - -• 8 are currently in contact with Kansas State University entomologists to obtain lab- produced pupas in order to have enough pupas to perform the parasitism tests, but we have not produced enough on our farm to complete the protocol for testing. In conclusion, we are pleased with the results of our monitoring and biological control plans. The feedback we have received from the majority of our High Plains neighbors has been very positive. We will continue to closely monitor this situation, and implement and adjust our program throughout the remainder of the summer as needed. Please contact me if you have any questions about this report. Sincerely, Kfunir Sonja Tuitele Vice President of Communications Aurora Organic Dairy • • 9 • Evaluation of a Nuisance Fly Control Program at the High Plains Dairy Alberto B. Broce, Ph.D. July 21, 2008 In response to high populations of nuisance flies at the High Plains Organic Dairy in Platteville, Colorado during the Summer of 2007, a nuisance fly control program was formulated, adopted and initiated on April 9, 2008.Nuisance flies, under these conditions, comprise house flies;Musca domestica, and stable flies,Stomoxys calcitrans. Essentially,the fly management program is based on two methods for managing nuisance fly populations at confined livestock operations, namely cultural and biological controls. Cultural control is based on practices that aim at eliminating or reducing breeding habitats for larvae of these two nuisance flies. Thus,the timely removal of cattle manure within the first 6 days of feces deposition denies successful completion of these flies' life cycles. Biological control of these nuisance flies relies on weekly inundative releases of parasitic wasps which kill fly pupae during parasitization. The implementation of these control activities is supported by concurring fly monitoring activities within the dairy's grounds and premises, as well as on neighbors' properties. On June 4 and subsequently on July 9, 2008,the nuisance fly monitoring and control efforts were inspected and their performance evaluated. The report herein presented is based mainly on the second visit to the dairy given that by then weather factors (i.e., ambient temperature)were more propitious for development of fly populations. • Monitoring houseflies. White, 3"x 5" index cards are used for monitoring house flies by recording fecal and regurgitation spots left behind during flies resting on these cards.Typically, house fly spots are yellow, gray or light brown in color. Any black spot found on these cards is attributed to stable flies given their feeding on blood mainly. High Plains Dairy personnel in charge of these monitoring and control programs properly deployed these cards on dairy grounds and premises and on several neighbors' property(the placement of these cards has been listed on earlier reports by the dairy personnel). This personnel ingeniously built simple L-shaped shelters to protect from the rain the spots on the cards. So far,the number of house fly spots has been minimal, indicative of an existing minimal population. Monitoring stable flies. Stable flies are monitored with Alsynite cylinder traps covered with adhesive-coated plastic sleeves. Four of these traps have been deployed, one each at the 4 corners of a square on the center of the dairy's grounds and serviced once/week. An increase on the number of theses flies caught on the traps during the first and second inspections(June 4th and July 9)has been observed,but the numbers are considerably low, at the single-digit per trap per week level. Cattle and horses show specific behaviors when fighting the various pest flies tormenting them. Thus, cattle respond to the painful bites of stable flies by stomping their legs, switching their tails, and fighting for an inner position within a bunch (it is believed that flies inside a bunch get fewer bites). Cowls on the grounds of the High Plains Dairy did not show any of these specific behaviors, correlating well with the low numbers of stable flies caught on the adhesive-coated • cylinder traps. • Monitoring fly larvae populations. Nuisance fly larvae require ca. 5-6 days to pupate and an equal number of days to emerge as flies. Thus, population dynamics of larvae and pupae foretell the numbers of flies that are to come. To determine the current populations of immatures(larvae and pupae),and thus predict adult fly numbers,the grounds of the dairy were thoroughly inspected and observed larvae identified as of house fly or stable fly(based on the morphology of posterior spiracles). Pastures with dairy cows been fed hay were inspected first, finding that in spite of recent rains,the grounds were too dry to support any fly larva numbers. No larvae were observed on the grounds of the indoor or outdoor loafing areas. The only place where a scant evidence of larval breeding was observed was in the old manure accumulated under the fences, particularly in the corners of the fences. It is recommended that efforts should be directed to clean areas under fences of old manure as these can be colonized by larvae, especially of stable flies. Additional inspecting efforts were directed at manure piles in the process of composting or waiting to be incorporated into the process. Temperatures of manure- straw windrows being composted were high enough (>120°F) for preventing fly larval development. Monitoring biological control. Parasitic wasps are being obtained from Beneficial Insectaries and released on a weekly schedule. The released wasps comprise three different species. The building of shelters for holding the wire canisters holding parasitized fly pupae to allow wasp emergence and dispersal should be a plus to the efficacy of the wasp parasites; this was demonstrated by observing the easy exit of wasps from the sheltered wire canisters. The wasps' efficacy of parasitization has not been rigorously evaluated because there has not been the number of wild pupae to collect for this evaluation. It is recommended that in the event of an increase of fly numbers,this evaluation should be considered. • Overall,this program designed for controlling the development of nuisance fly populations at this organic dairy and based on cultural and biological control components is preventing the development of significant fly levels. Considering that(a) summer temperatures conducive to high population increases are already common at this dairy,yet these high fly numbers have not been observed, and (b)that the number of observed fly pupae available for parasitization has been exceedingly low, one must entertain the thought that cultural control activities(sanitation)have so far an upper hand over biological control. In summary,the combination of the cultural control activities and the biological control measurements taken by Aurora Organic Dairy are showing positive results in the control of fly populations during the summer of 2008. Alberto B. Broce, Ph.D. Emeritus Professor Kansas State.University abroce@ksu edu Mailing address: 1912 Stratton Circle Manhattan, KS 66502 • 1 . I1DflMrMC1AL ,►i #'ar o d u c e.r ,:,o f B ce n c l'i r i a l I as+e t t s ja*:: 8' '1 tt+e r .: ;e•s�t '• :71f s n a g 2n f t JUly 14. 2008 Dr Mauricio Eenzaquen High Plains Dairy 28520WCR 72 Gill, CO 80624 SUBJECT FLY CONTROL Dear Dr Benzaquen' As previously discussed with you and Dr. Broce, we have taken samples of the weekly shipments of fly parasites we are shipping to the above address. The shipments consist of a mixture of two to three species of pteromalids. We will continue to ship. at minimum the following 500.000 live parasites of Muscidifurax zaraptor; M raptorellus and Trichomalopsrs • sarcophagldae. The samples from April 14, 2008 to June 23, 2008 have yielded three to six times the minimum standard In other words. the mixture of a single and the two gregarious species has resulted in a minimum of 1,500.000 live parasites per shipment. We hold the samples for two - three weeks and have. therefore. not recorded the shipments from June 30th forward. This summary is provided in lieu of a spreadsheet. as you requested. If you want more information. please let me know. It is my understanding. from the conversation with Dr. Broce, that your are having good results with your fly management program I am looking forward to an on-site visit if we can coordinate this for early August. Sincerely, Sinthya Penn Entomologist • 9664 Tanqueray Ct.. Redding, CA 96003 Office: (530) 226.6300 FAX: (530) 226-6310 Internet; www.insectary.com iti organics • Environmental Solutions • Economic Sense August 7, 2008 Weld County Board of Commissioners RE: High Plains Dairy Composting Program Weld County Commissioners, Al Organics began working with High Plains Dairy at the end of 2007 and we have worked jointly to develop and implement a'successful composting program at the dairy. In April of this year we began diverting manure and dairy waste to the compost site under the management of Al Organics. The primary goal of this program is to effectively manage the liquid manure waste streams coming from dairy operations. Since the startup of this program we have accepted and managed approximately 120,000 gallons of liquid manure daily along with normal flows of manure coming from the dairy. The incorporation of liquid streams into compost windrows under the program has effectively eliminated the stockpiling and nuisance conditions of liquid manure at the dairy. The temperatures generated in the composting process, along with mechanical processing of windrows has been successful in minimizing manure conditions that would support fly populations. This process in • combination with the parasitic wasp program implemented at the dairy has been very effective. Aurora Organic Dairy and their High Plains Dairy management group have been very responsive to our needs within the compost program. Manure incorporation and site work is being completed in a timely manner and in accordance with the program outline. We have worked closely with the dairy to monitor the program and its success this year. It is my belief that we have been extremely successful in eliminating nuisance manure conditions at the Dairy. High Plains management have demonstrated their strong commitment to minimize potential issues this yearland I fully believe that we can continue to effectively manage the manure streams generated at the dairy through the continuation of this program. Please feel free to contact me with any follow up or questions you may have. Sincere y, dd L e ice Pr ident of Operations Al Organics //�/ W-is Corporate Headquarters• 16350 WCR 76 • Eaton,Colorado 80815 • Tel 970-454-3492 • 800-776-1644 • Fax:970-454-3232 r��-6. ;` • Facilities in: Eaton•Keenesburg•Platteville•Stapleton•Golden•Colorado Springs Vii/ �Leadesv�'i4 Hello