HomeMy WebLinkAbout20082207.tiff HEARING CERTIFICATION
DOCKET NO. 2007-84.B
RE: SHOW CAUSE HEARING CONCERNING USE BY SPECIAL REVIEW PERMIT#1602 FOR
AN AGRICULTURAL SERVICE ESTABLISHMENT, INCLUDING A LIVESTOCK
CONFINEMENT OPERATION (DAIRY FOR A TOTAL OF 4,500 CATTLE, INCLUDING
MILKING COWS AND DRY COWS)IN THE A(AGRICULTURAL)ZONE DISTRICT-BRAD
AND SCOTT COCKROFTS DAIRY, LLC
A public hearing was conducted on October 1, 2008, at 10:00 a.m., with the following present:
Commissioner William H. Jerke, Chair
Commissioner Robert D. Masden, Pro-Tem - EXCUSED
Commissioner William F. Garcia
Commissioner David E. Long
Commissioner Douglas Rademacher
Also present:
Acting Clerk to the Board, Jennifer VanEgdom
County Attorney, Bruce Barker
Planning Department representative, Chris Gathman
Health Department representative, Laurie Exby
The following business was transacted:
I hereby certify that pursuant to a notice dated October 5, 2007, and duly published October 10,
2007, in the Fort Lupton Press, a Show Cause hearing was conducted on October 24, 2007, to
consider revocation of Use by Special Review Permit #1602 for an Agricultural Service
Establishment, including a Livestock Confinement Operation (dairy for a total of 4,500 cattle,
including milking cows and dry cows)in the A(Agricultural)Zone District, issued to Brad and Scott
Cockrofts Dairy, LLC. At said hearing the Board deemed it advisable to continue the matter to
August 13, 2008, in order to allow the facility operator adequate time to implement the Revised
Management Plan for Nuisance Control. A hearing before the Board was held on August 13,2008,
pursuant to a notice dated July 25, 2008, and duly published August 1, 2008, in the Greeley
Tribune, at which time the Board deemed it advisable to continue the matter to October 1, 2008,
in order for staff to monitor that the implemented plan for nuisance control continued to mitigate
concerns. At said hearing on October 1, 2008, Bruce Barker, County Attorney, made this a matter
of record, and reviewed the proposed issues of non-compliance to be considered by the Board.
Chris Gathman, Department of Planning Services,stated the Department's recommendation is that
a nuisance condition does not exist, therefore, the Department requests that the Show Cause
Hearing be dismissed, and that Use by Special Review(USR) Permit#1602 not be revoked.
Laurie Exby, Department of Public Health and Environment, stated she has visited three
surrounding residences, as well as the dairy facility, and all parties have agreed that the flies seem
to be controlled this year and further fly issues are not expected since it is late in the season. She
indicated she spoke with representatives of the dairy,who indicated there have been very few flies
at the facility even though the area has not experienced cold weather. She confirmed a nuisance
condition no longer exists, and the Department concurs that the matter may be dismissed.
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Henry Lapp, Jr., surrounding property owner, stated his property is approximately three-quarters
of a mile south of the Aurora Organic Dairy(AOD)facility,and he confirmed the current fly situation
is nothing compared to the situation experienced the previous year.
Jimmie Wolfrum, surrounding property owner, provided pictures of the fly situation from the
previous year, marked Exhibit MMM, and indicated it is easy for the Commissioners to forget why
this hearing is taking place since the fly nuisance condition is not as intense as it was last year. He
clarified he has attended every public meeting concerning this USR permit, and he believes none
of the other property owners, nor representatives of the dairy have done the same. He indicated
he has voiced his concerns at the various meetings, and he been labeled as a whiner, complainer,
and trouble maker by the dairy and the neighbors who support the dairy, and the friendship of long-
standing neighbors have been split by the dairy providing financial gain to various surrounding
property owners. He stated if the dairy continues to make progress in implementing the correct
pest management plan,this may the last hearing at which he will provide comments. He requested
those in the audience to identify themselves as Weld County citizens, then requested
acknowledgment of those who live within 15 miles of the dairy,then acknowledgment of those who
live within three miles of the dairy, and then acknowledgment of those who live directly adjacent
to the acreage occupied by the dairy. He stated those which indicated they live directly adjacent
to the dairy facility understand his concerns, and he clarified that none of the representatives of the
dairy live in as close proximity as he does.
Mr. Wolfrum indicated Saturday,September 6,2008,was a free milk day at the dairy for neighbors,
and he confirmed the Good Neighbor Milk Program has been a very nice gesture of the dairy, and
Sonja Tuitele, Aurora Organic Dairy, was on-site to help with milk disbursement that day. He
indicated Ms. Tuitele required that everyone provide a signature, indicating they received the free
milk, and she also politely asked all neighbors to sign a letter of support for the dairy. He clarified
he believes this gesture indicates the dairy is trying to buy signatures of support, which he finds
offensive, therefore, he refused the free milk and did not sign. He indicated the free milk given to
neighbors does not excuse the poor management and arrogance of the dairy representatives. He
stated the last hearing contained discussion regarding the dairy pumping manure water through
the sprinkler system on the pasture adjacent to the facility, possibly creating a nuisance condition,
and Dr. Juan Velez clarified the dairy was not pumping manure water through the sprinkler
systems. He referenced the Hearing Certification from August 13, 2008, and indicated Dr. Velez
stated AOD acted carefully not to run wastewater through the pivot sprinklers, and only clean ditch
water is provided to the irrigation pivot. He confirmed the smell from the sprinkler systems is
horrible, resembling the smell of cattle urine, and the water is brown like manure water. He further
confirmed his vehicle has been spayed by the end gun on several occasions, since the end gun
tends to spray the County Road on a frequent basis, which makes his vehicle smell like a manure
truck. He questioned where the dairy is dumping the manure water if it is not applied through the
pivot sprinkler, and he questioned why representatives are not telling the truth.
Mr.Wolfrum confirmed the dairy facility is attractive,and neighbors could not ask for a nicer looking
facility. He clarified adequate rains this past year have supplied an abundance of irrigation water,
creating lush pastures, kept dust to a minimum, and has made odor from the site tolerable at most
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times. He stated traffic within the surrounding area has increased; however, it has not become a
huge issue for him since the entrance gate near his residence is kept closed most of the time. He
confirmed the Pest Management Plan seems to be helping, and he indicated last year may have
simply been a bad fly year, as indicated by representatives of AOD; however, he believes this year
would have been just as bad if the dairy had not modified the pest control practices. He indicated
some of the neighbors still have fly conditions,and he believes the dairy needs to continue working
with these neighbors to solve their individual issues. He confirmed the fly situation has been
tolerable this year; however, more flies exist within the area now than before the dairy began
operations,and his residence contains fly specks on windows and walls, even though the research
cards presented by AOD indicate there are no flies detected at his residence. He indicated he
understands his property will always contain flies,even with an adequate Management Plan utilized
by the dairy, and he confirmed the current fly population is tolerable as long as it is not allowed to
escalate into levels seen the previous year. He confirmed as long as the dairy continues to make
progress, and is held accountable for future actions, he does not believe it is necessary to revoke
the USR permit, nor restrict the operations on the site. He requested the Board to allow the dairy
to continue to operate, and to give credit to the neighbors who have forced the dairy to raise the
standards of operation. He further requested the surrounding property owners not be labeled as
trouble makers, complainers, and whiners, and clarified he wants a clean, pleasant, and healthy
place to live, with or without the organic way of thinking.
Dave Blomquist, surrounding property owner, stated the fly nuisance problem appears to be
controlled, and the dairy has corrected the problems presented the previous year through release
of wasps and good waste management procedures. He indicated the Good Neighbor Milk Program
and the additional dust control measures provided on County Road 57 by AOD are greatly
appreciated, and he hopes both will continue in the future. He clarified the pens at the facility are
kept clean, and the cows are happy, and he appreciates the free compost provided by AOD. He
further clarified his family will never really like living across the road from a dairy facility; however,
he understands the dairy is there to stay, and so is his family. He stated his property value has
dropped approximately 15 percent, the traffic on County Road 57 has increased, and the road is
in bad condition; however, he does understand that the increase in traffic is not solely because of
the dairy. He indicated the smell of liquid manure mentioned by Mr. Wolfrum was very strong this
past week along the road, and he questions whether AOD is only providing ditch water to the
pasture. He confirmed AOD has bought several surrounding properties, and he requested that
AOD continue to utilize correct operating standards so that the neighbors do not have to act as
watchdogs and report discrepancies to the Department of Public Health and Environment.
Juliana Coalson,surrounding property owner, indicated her property is approximately one-half mile
north of the dairy facility, and the field directly adjacent to her residence is farmed by AOD. She
indicated she has not been able to attend every hearing regarding this USR permit; however, she
has not forgotten the horrible fly problem from last summer. She confirmed she has received no
financial gain from AOD, nor does she feel like she has alienated her neighbors. She further
clarified she suggested to Ms. Tuitele to present a petition of support during the free milk day so
that representatives did not have to visit residences during the evening hours. She confirmed AOD
was providing the milk free of charge whether or not the property owner signed the petition. She
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indicated she submitted a letter to the Board before the August 13, 2008, hearing, marked
Exhibit R,which indicated AOD has adequately mitigated the fly situation this year. She confirmed
she is pleased to be a neighbor of the dairy facility, as well as a neighbor to all of the other
surrounding property owners, and she hopes the diary facility is here to stay.
Jim Noah, surrounding property owner, stated his residence is located approximately one-quarter
mile from the dairy facility, and he is confident that AOD will live up to its responsibilities, and he
stands behind the comments provided in his letter, marked Exhibit O.
Marjorie Speicher, surrounding property owner, stated she is impressed with the communication
and response to issues provided by AOD, and confirmed representatives have gone beyond what
is expected. She indicated she has not been able to attend all of the hearings; however, she has
been following the progress of the case, and she confirmed she has seen improvements. She
stated her property also contains livestock, which produce flies; however, the overall fly problem
is 100 percent better than last year, and she believes the dairy representatives will continue to
improve the necessary plans. She expressed her appreciation to the dairy for sharing information
through neighborhood meetings, and she is glad to be a neighbor of the dairy facility, especially
since she is involved in agriculture as well.
Betty Pappenheim, surrounding property owner, indicated she lives approximately 1.5 miles north
of the dairy facility, and she confirmed AOD has been a good neighbor. She stated the facility is
clean and well taken care of, the employees are very hospitable, and AOD has done more than
necessary to make neighbors happy. She indicated she has flies on her property, since she has
a feedlot located in her yard, and those residents within agricultural areas should expect flies.
Stan Rogers,surrounding property owner,stated his residence is northwest of the dairy facility,and
he has been involved with all of the hearings regarding the matter, along with his wife, who has
indicated she is too emotionally involved to speak today, therefore, she submitted a letter, marked
Exhibit KK, and he further submitted photographs taken on his property, marked Exhibit LL. He
stated unlike a large amount of the neighbors in attendance today, speaking in favor of AOD, he
indicated he is present to provide different input. He confirmed he has been involved with the
hearings for almost an entire year, and he believes the Board will move to dismiss the hearing
today and allow the dairy to continue to operate through the USR permit, since the fly situation is
better than it was one year ago. He confirmed he previously provided a letter for the record,
marked Exhibit HH, and clarified he has never desired for the dairy to lose the USR permit, rather,
that the dairy will operate through the Management Plan put into place. He clarified he will suggest
a plan, which he will present later in the presentation, which will satisfy all parties present. He
stated the dairy representatives tell the Board one thing, and then act in opposition to what was
said. He clarified the number of head indicated at the facility has been modified from hearing to
hearing by representatives, and at the August 13, 2008, meeting he made mention of the cattle on
the grazing property adjacent to his residence, indicating the cattle were not close to calving, and
a rebuttal was presented by AOD, revising the head count of cattle to 4,300, and the cattle have
not grazed on the property since the previous meeting. Mr. Rogers indicated AOD previously
stated it acts very carefully not to run wastewater through the sprinkler system; however, at the last
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hearing, photographs were presented which show evidence of the effluent watering the pasture,
as well as County Road 57. He indicated on an evening when the end gun of the sprinkler would
not shut off, he contacted the facility manager, Bill Cronin, who came back to the facility to shut off
the pump which was pulling effluent from the lagoon. He stated testimony was provided at the
previous hearing, indicating the west lagoon liner had failed, therefore, the lagoon had to be
de-watered. He acknowledged that de-watering is a common practice of dairies; however, he
believes the effluent was being pumped through the sprinkler system. He referenced the
management plan submitted by AOD contained within Exhibit Q, which indicates over one million
parasitic wasps shall be released per week; however, at the previous hearing, Dr. Velez indicated
AOD had begun by releasing 450,000 wasps per week, and worked up to the release of 600,000
wasps per week, and he believes AOD should have been releasing the balance of the wasps on
the grazing properties. He further clarified the representatives will claim that the release of 600,000
wasps will multiply to create one million wasps; however,the insectory providing the wasps will only
guarantee the number provided, which is the suggested rate.
Mr. Rogers stated AOD claims to be a good neighbor; however, he questioned why none of the
management team lives on the site or in close proximity to the facility. He clarified a nuisance fly
complaint was investigated by Ms. Exby on July 11, 2008, and when she met with Mr. Cronin
regarding the issue, Mr. Cronin insisted the flies were not coming from the AOD dairy, rather, the
flies must be migrating from other properties, including the property of one of the proponents who
spoke in favor of the dairy today. He indicated he has documentation of five excessive fly days;
however, the dairy did not work to provide corrective action until after the hearing before the Board
on August 13, 2008, and a separate meeting on August 20, 2008, scheduled by Brad and Scott
Cockroft, and attended by Ms.Tuitele, George Mazzuca, Jimmie Wolfrum, and himself. He further
indicated at the meeting on August 20, 2008, it was confirmed the flies he had been experiencing
were not coming from any of the animals or surrounding properties, rather, the flies were coming
from the dairy's grazing area, which was proven when all attendees were able to visibly see the fly
larvae holes within the manure on the grazing pasture. He stated 41 days after the first meeting
with Mr. Cronin, the dairy finally took action by mowing and harrowing the pasture, erecting fly
traps, and releasing parasitic wasps, and all of the measures were originally a part of the
management plan created by AOD. He clarified he has experienced flies a few times since the
action was provided by the dairy, and the spraying provided by Mr. Mazzuca, hired by the Cockroft
family, seems to be handling the flies. He stated Mr. Mazzuca confirmed he believed the flies were
coming from the grazing area directly across the road. Mr. Rogers indicated if he had not put
pressure on the dairy, no action would have been taken, and he believes a good neighbor would
have researched the issue on the first day, and would have taken immediate action. He indicated
if the dairy believes it is a good neighbor, representatives should sign a Consent Agreement,which
will ensure the management plans are followed so that the facility remains in compliance. He
clarified the signing of the agreement will provide surety to the neighbors that the dairy intends to
be diligent to resolve any forthcoming issues. He indicated a copy of a Consent Agreement for an
egg production facility was presented at the previous hearing, marked Exhibit FF,and another copy
has been provided with his letter, marked Exhibit JJ, and he believes the agreement is a good
outline for an agreement to be drafted and implemented for AOD. He gave a brief summary of the
agreement and indicated the production facility was allowed to continue operations; however,when
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nuisance thresholds were exceeded, fines were imposed. He confirmed he believes a similar
agreement for AOD will force the dairy to continue to meet the requirements within the
management plan, and the surrounding property owners will not have to present concerns to the
Board on an annual basis.
Mr. Rogers reiterated AOD has successfully followed it's management plan since the meeting on
August 20, 2008; however, he is discouraged that AOD allowed 41 days of non-action to take place
before any work was implemented. He clarified the dairy has provided improved operations;
however, he still has concerns about the lack of action and the arrogance from AOD
representatives. He indicated by standing up for his personal property rights, he has been labeled
by the dairy and other neighbors as a whiner and complainer. He confirmed he has not complained
about other issues experienced, including increased traffic, dust, and odor; however, the smell of
effluent has been extremely unpleasant. He has suggested to the dairy that his property could be
purchased for expansion of operations; however, AOD has provided no response. He expressed
his appreciation to the Board for hearing the concerns presented, and requested the Board make
the appropriate decision. There being no further discussion, the Chair closed the public input
portion of the hearing.
Julie Cozad, TetraTech, represented the applicant and indicated she will present a PowerPoint
presentation, marked Exhibit MM. She introduced Dr. Velez, Mr. Cronin, Dr. Benzaquen, Dawn
Wobig, Office Manager, Mr. Cockroft, and Ken Lind, Attorney. She reviewed the history and
background of the USR permit and associated hearings, briefly described the surrounding land
uses, referencing two maps contained within Exhibit NN, indicating due to the adjacent leased
acreage the facility does not exceed the Use by Right for animal units, and she referenced a time
line of events, marked Exhibit OO. She indicated dust control measures commenced in October,
2007;the Good Neighbor Milk Program was started in February, 2008;fly monitoring, composting,
and release of parasitic wasps began in April, 2008; and an open house was held in July, 2008,
which was attended by County staff. She provided copies of reports which were provided to the
Department of Public Health and Environment, marked Exhibit PP, indicating the dairy does not
contain nuisance conditions,and staff has indicated the same. She clarified Ms.Tuitele visited the
residence of Mr. Rogers, along with Mr. Mazzuca, who was hired by Mr. Cockroft to spray for flies
at the Rogers' residence. She reiterated the grazing pasture was mowed and harrowed on
August 24, 2008, and traps were placed, and wasps released as well. She clarified nuisance
conditions have been prevented through the implementation of the pro-active programs, and
comprehensive information was provided within Exhibit PP, since it is believed that the specifics
of the plan were not completely understood by surrounding property owners. Chair Jerke indicated
the presentation provided by Ms. Cozad contains 54 slides, and he questioned whether a long
presentation is necessary. In response, Ms. Cozad confirmed AOD desires to address the
concerns and questions previously presented, and provide the necessary information to be
included as a part of the record. Mr. Barker indicated Ms. Cozad may provide all of the written
evidence into the record, and instructed Ms. Cozad to only provide a brief summary of what has
been provided. Ms. Cozad confirmed much of the information she presents will only be briefly
mentioned. She gave a brief explanation of the composting program,completed in conjunction with
A-1 Organics, she clarified AOD intends to compost manure year round,which reduces waste and
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odor on the site, and she confirmed compost is provided to the neighbors free of charge. She
indicated the plan developed by Dr. Broce was explained at a previous meeting, including
monitoring fly populations, recording data, and providing analysis; however,questions were raised
regarding the validity of the spot cards utilized, and she confirmed spot cards are recommended
by leading entomologists to track and gather data concerning fly populations. She submitted a
copy of the resume for Dr. Benzaquen,who is administering the program developed by Dr. Broce,
and a copy of the resume for Dr. Velez, marked Exhibits QQ and RR, respectively. She clarified
Dr. Jerry Hogsette, a research entomologist has also reviewed the programs and data, and has
confirmed the dairy does not contain a fly nuisance problem, and flies are not bred on the property
operated by AOD. She provided a copy of the evaluation of the program, drafted by Dr. Broce,
marked Exhibit SS, which is already included in the file as a part of Exhibit Q. She clarified the
house flies are monitored by spot cards, placed throughout the dairy facility as well as on six
surrounding properties, and the stains left on the spot cards are recorded to determine if flies are
present and growing in number. She indicated the pest population levels determine when and how
control measures shall be implemented, and consistent placement and monitoring of the cards is
important to the effectiveness of the spot cards. She stated AOD has monitored 22 spot cards,
compiling 24 weeks of data, and she confirmed most of the cards within the dairy facility and at the
surrounding properties were completely clean, and she reviewed the updated spot card data and
results, marked Exhibit TT. Ms. Cozad indicated stable flies are monitored by the Alsynite cylinder
traps, which have been in place since April, 2008. She described the composition of the traps, the
data collected by the traps, and indicated the traps have been adopted by the industry due to the
effectiveness and efficiency. She indicated the placement of the traps on the map provided, and
confirmed three traps were added since the previous hearing, due to concerns expressed by a
surrounding property owner. She displayed a graph of results contained within the presentation,
and indicated AOD staff is pleased with the results, since the largest amount collected within the
period of one week has been 141 flies. She reiterated AOD has reached out to Mr. Rogers to
assist with the fly problems reported by him earlier in the summer months.
Ms. Cozad reviewed the Biological Control Program,which includes the release of parasitic wasps,
and confirmed the wasps are harmless to animals and humans, are very tiny in size, and cannot
fly long distances. She explained the wasps inject eggs into the fly larvae, and the wasps hatch
and eat the fly larvae before the larvae is able to develop into mature flies, and she confirmed
wasps do not seek out mature flies, therefore the placement of wasps on adjacent properties will
only be beneficial to kill fly larvae. She indicated twenty pouches of wasps have been released per
week at the dairy facility,at the release rate of 500,000 wasps per week since each pouch contains
approximately 25,000 wasps. She provided a letter from the insectory, marked Exhibit UU, which
confirms the mixture of the wasp species results in the minimum of 1.5 million wasps being
released each week. She clarified an increased number of wasps are released in areas where
higher fly counts are experienced, the pouches are released in 24 locations,and recently AOD has
begun releasing wasps on the pasture directly adjacent to the Rogers' property. She confirmed
approximately 35 pouches are now released weekly, which equates to approximately 2.6 million
wasps. Ms. Cozad submitted several memorandums from Ms. Exby, marked Exhibits VV, WW,
XX, and YY,all of which are originally contained within Exhibit V,and confirmed the reports indicate
the facility is well maintained, with no reports of fly nuisance conditions. She indicated she does
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not doubt that Mr. Rogers has experienced flies at his residence; however, the inspections, data,
scientific testing,and feedback from other neighbors conclude that the flies are not originating from
the AOD facility,which has been confirmed by scientific reports. She confirmed the pasture directly
adjacent to the property owned by Mr. Rogers has been harrowed,wasps have been released, and
alsynite cylinder traps have placed on the property, indicating no fly nuisance conditions on the site.
She reviewed letters of support from surrounding property owners, contained within Exhibit ZZ
(several of which were already included in the file as Exhibits O,T, S, P,and R), an additional letter
of support from Ryan and Lana Reinick, marked Exhibit AAA, and a copy of the petition of support
signed by surrounding property owners, marked Exhibit BBB. She further submitted a copy of a
map, marked Exhibit CCC,which indicates the placement of all of the surrounding property owners,
and designates the large majority of the neighbors who are in support of the dairy. She
summarized the implemented management plans have proven effective, a majority of the
neighbors appreciate AOD's commitment to be a good neighbor, and she confirmed AOD will
continue to implement these programs in future years as a part of the commitment to remain a
good neighbor.
Ken Lind, Attorney, stated it is necessary to review the entire PowerPoint presentation in order to
create a permanent record of the items referenced within the presentation and to provide additional
information, since it was apparent at the last hearing that mis-information has been provided. He
indicated there has been confusion regarding the utilization of effluent from the lagoon within the
sprinkler system,and he clarified the sprinklers serving the north pasture do not spray effluent,only
water from the irrigation ponds. He further clarified effluent is utilized as a standard agricultural
practice on other portions of the dairy facility; however, only irrigation ditch water is utilized on the
north pasture. He reviewed AOD's rotational grazing practices, and indicated the cows are
pastured every day during growing season; however, the cows only graze for four to five days on
each pasture, and then are rotated to another pasture so that each pasture rests for approximately
21 days between grazings. He confirmed the rotational grazing is important to the organic status
of the dairy, as well as ensuring the health and vitality of the soil, and records are required to be
kept, as well as an independent audit performed to confirm the grazing practices. Mr. Lind clarified
AOD is required to accurately present the exact number of cattle at the facility to the United States
Department of Agriculture (USDA), and he confirmed AOD holds valid organic certifications from
the Colorado Department of Agriculture. He indicated testimony was provided by a surrounding
property owner that the spot cards are worthless; however, he reiterated the spot cards are the
preferred monitoring tools utilized by leading entomologists worldwide. He confirmed the spot
cards are an effective tool to monitor changes in fly populations in consistent locations, and the
spot cards placed within the facility and on surrounding properties have proven to be an effective
fly monitoring tool. He submitted a list of scientific articles which indicate that Alsynite Traps are
a preferred way to monitor stable flies, marked Exhibit DDD, and a list of scientific articles which
indicate spot cards are a preferred way to monitor house flies, marked Exibit EEE. He clarified it
has been determined through the fly monitoring program that the dairy did not breed flies this past
summer, which is proof that the parasitic wasps have been an effective solution and have
contributed to the success of the dairy's biological control program. He provided a list of scientific
articles which indicate parasitic wasps are an effective biological control agent for house and stable
flies, marked Exhibit FFF, and further provided the resumes of Dr. Broce and Dr. Hogsette, marked
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Exhibits GGG and HHH, respectively, which indicate these gentlemen are leading experts within
the United States regarding fly control and utilization of parasites within dairy operations.
Mr. Lind stated comments were made previously questioning why AOD does not release wasps
on adjacent properties,and he reiterated the wasps do not attack or destroy mature flies,therefore,
wasps are not released on adjacent properties. He further stated evidence has been provided that
practices on the adjacent pasture have been modified, including the placement of traps, release
of wasps, and the harrowing of the pasture. He indicated a neighbor submitted a fly strip at the last
hearing, containing numerous flies thought to have originated at the dairy, which was of concern
to AOD. He stated the fly strip was sent for testing by the USDA and Kansas State University, and
he submitted the results of the tests, marked Exhibits III and JJJ. Chair Jerke issued a recess of
the matter until 1:30 p.m.
Upon reconvening, Mr. Lind indicated neighbors perceive that the abundance of flies is coming
from the dairy; however, the tests completed state otherwise, and Ms. Cozad read the letter from
Dr. Ludek Zurek, marked Exhibit JJJ, into the record. She provided a copy of the credentials of
Dr. Zurek for the record, marked Exhibit KKK. Mr. Lind indicated the second letter confirmed the
results of the first letter which was read into the record, which eliminates the perception that the
flies are originating at the dairy. He clarified the management plan is working, and the flies present
in agricultural areas are not originated by AOD.
Ms. Cozad indicated the facility is located within a rural area, and she provided a map of the
surrounding property uses, marked Exhibit LLL. She stated due to the effectiveness of the
Nuisance Management Plan and Biological Control Programs,the dairy has not created a nuisance
fly condition at the facility all summer long, and further, the dairy is not a source of the flies which
may be migrating from other areas. She reviewed the statistics contained within the PowerPoint
presentation, and reviewed the Right to Farm Statement. She indicated AOD has provided
extra-ordinary improvements at the facility, the dairy contains more regulations through the USR
permit, and AOD is committed to remaining a good operator and neighbor. She clarified
Development Standard #19 indicates the flies must be determined to be generated by the AOD
facility, and must be determined to be a nuisance condition by the Department of Public Health and
Environment. She confirmed there is no cause to revoke the USR permit, therefore, she
requested the Board dismiss the Show Cause Hearing.
Chair Jerke indicated,due to the amount of information presented by the applicant's representative,
he will open the hearing back up to the public, in order to ask additional questions regarding the
information presented.
Mr. Rogers stated he provided a fly strip at the previous meeting, and the letter provided by
Mr. Lind indicates that the fly strip was damaged during shipment, therefore, the species of flies
were not able to be adequately identified. He indicated there were at least three identifiable
species on the fly strip, and he still questions where the flies were originating from; however, AOD
is adamant that the flies did not originate from the dairy facility. He indicated Mr. Mazzuca was not
able to be present today; however, Mr. Mazzuca was hired to spray the flies on his property, and
spraying has occurred until just last week. He stated he has determined that the management
2008-2207
PL1896
HEARING CERTIFICATION, SHOW CAUSE - BRAD AND SCOTT COCKROFTS DAIRY, LLC
(USR#1602)
PAGE 10
plan, which was just recently enacted on the grazing property, has now eliminated the need for
spraying on his property, and Mr. Mazzuca has concurred that the house flies on his property were
originating from the grazing property. He clarified he has provided photographs and testimony
indicating the manure effluent is being spread through the sprinkler systems, including being cast
onto County Road 57. He reiterated he contacted Mr. Cronin to shut off the pump so that the end
gun would not spray effluent on his property, and the sprinkler stopped as soon as the pump was
shut off by Mr. Cronin. He expressed his concerns regarding the arrogance and lies which are
provided by representatives of AOD, and he is afraid that AOD will continue operating without
regard for the management plan. He indicated he does not desire to come back to the Board year
after year in order to gain the necessary action,therefore, he urged the Board to consider requiring
AOD to enter into a Consent Agreement.
Greg Spaur indicated he operates the sprinkler systems for AOD, and he confirmed effluent water
is delivered through the sprinklers on the dairy facility itself; however, the pump is not adequate to
provide effluent water to the adjacent grazing property. He clarified the end gun on the sprinkler
system does occasionally hit County Road 57; however, he reiterated effluent water cannot be
pumped through that particular sprinkler system. He further clarified the last time that manure was
spread on the grazing property was the accidental application which happened last year. He stated
Mr. Pettinger, a surrounding property owner, confirmed that the end gun was not close to coming
in contact with the Rogers' property, and the water running through the system was ditch water.
In response to Chair Jerke, Mr. Lind indicated he does not have any additional information to add,
and AOD will rely on the letters presented regarding the fly situation. Further responding to Chair
Jerke, Mr. Barker confirmed the Board has the option of finding just cause to revoke the USR
permit, indicating the provisions of the permit have been violated, or, the Board may dismiss the
Show Cause Hearing, indicating no evidence of violation exists. He clarified a large amount of the
testimony provided at the hearing today indicates the situation which was originally considered to
be a violation of the permit has been adequately remedied. He stated the Board also has the
option to continue the hearing to a future date for the purpose of obtaining additional testimony or
new developments.
Commissioner Rademacher stated this hearing has dragged forward several times; however, he
appreciates the testimony provided at each hearing. He indicated he understands the concerns
of the surrounding property owners; however, representatives of the dairy have gone above and
beyond what is required to alleviate the situation, and he supports dismissing the hearing.
Commissioner Garcia confirmed the Board seemed ready to dismiss the hearing on August 13,
2008; however, he supported a continuance at that time because the fly season had not ended,
and the situation could have potentially worsened. He clarified he did not want the neighbors to
have to start over with the hearing process if the fly situation were to become a nuisance. He
indicated the first hearing was heard in October,2007,and testimony was provided at that time that
the first frost of the season had occurred, and the fly situation had dramatically reduced; however,
the Board wanted to ensure that AOD would continue good management practices throughout the
2008 summer season. He confirmed his outstanding concerns have been resolved, and he
supports dismissal of the hearing.
2008-2207
PL1896
HEARING CERTIFICATION, SHOW CAUSE - BRAD AND SCOTT COCKROFTS DAIRY, LLC
(USR#1602)
PAGE 11
Commissioner Long concurred with Commissioner Garcia, and he indicated a lot of damage has
occurred to both property and personal relationships within the surrounding area. He clarified the
initial violation has been alleviated and AOD has brought forth good science and documentation.
He indicated he supports dismissal of the hearing; however, he hopes that AOD will continue to
utilize the best practices so that the neighbors do not have to come before the Board to seek relief
next year. He further indicated he understands the situation last year was caused by the mistake
of an employee,and he believes AOD is working hard to ensure it will not happen again. He stated
as growth occurs within Weld County, more potential exists for more agricultural uses, and all
members of the agricultural industry need to continue to utilize Best Management Practices in order
to remain good neighbors and to help predict future problems. He requested the representatives
of AOD and the neighbors continue to work on the personal relationships which have been
damaged within the past year.
Chair Jerke indicated the dismissal of the hearing is appropriate due to the reasons stated by other
Commissioners and the adequate documentation provided by the applicant's representatives.
Commissioner Rademacher moved to dismiss the Show Cause Hearing regarding Use by Special
Review Permit#1602 for an Agricultural Service Establishment, including a Livestock Confinement
Operation (dairy for a total of 4,500 cattle, including milking cows and dry cows) in the
A (Agricultural) Zone District, issued to Brad and Scott Cockrofts Dairy, LLC. The motion was
seconded by Commissioner Garcia,and it carried unanimously. There being no further discussion,
the hearing was completed at 2:00 p.m.
This Certification was approved on the 6th day of October, 2008.
APPROVED:
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO il ATTEST: ' `�1 !"��
" C` illiam H. Jerke, Chair
Weld County Clerk to the .- .
' "t' c� ,EXCUSED
/
, Robertrdro-Tem
BY: _ kUU64 Gl ,� :, , (
De t Cle to the Boar'
W' ' m F. Garcia
.Q cJ
David E. Long
:1)Osa " �,
Dougla Rademacher
2 2008-2207
PL1896
EXHIBIT INVENTORY CONTROL SHEET
Case SHOW CAUSE - USR #1602 - BRAD AND SCOTT COCKROFT DAIRY, LLC
Exhibit Submitted By Exhibit Description
A. Applicant Supplemental Management Plan for
Nuiscance Control
B. Debbie Pirera 8 Photographs
C. Debbie Pirera 13 Photographs
D. Applicant Product Information re: Crop Protection
Chemicals
E. Stan and Wendy Rogers 16 Photographs
F. Dave Blomquist 3 Photographs, dated 9/8/2007
G. Jimmie Wolfrum 5 Photographs, dated Sept 2007
H. Jimmie Wolfrum Letter of Opposition, dated 09/24/2006
Applicant Signed Letters of Consent from SPO's
J. Stan Rogers Letter, dated October 28, 2007
K. Marc Peperzak E-mail, dated October 25, 2007
L. Rosalie Wacker Letter of Concern, received 11/2/2007
M. Jo Anne Hagen for
Steven and Deborah Pirera Letter of Concern, dated 02/22/2008
N. Krendl Krendl Sachnoff and Way Updated Items for Management Plan for
Nuisance Control, dated 12/31/2007
O. Jim and Pat Noah Letter of Support, dated 07/30/08
P. Dave Blomquist Letter re: Site Conditions, dated 08/04/08
Q. Applicant (Aurora) Packet of Information, w/ several
enclosures, dated 08/08/08
R. Brandon and Juliana Coalson Letter of Support, dated 07/31/08
S. Ryan and Lana Reinick Letter of Support, dated 08/11/08
T. Matt Pettinger Letter of Support, dated 08/05/08
U. Ron and Betty Pappenheim Letter of Support, dated 08/08/08
V. Health Staff Updated Recommendation and
accompanying documents, dated 08/13/08
W. Applicant Copy of PowerPoint Presentation for
8/13/08 (digital copy on CD as well)
X. Stan Rogers Six photographs
Y. Stan Rogers Website information re: Fly Cards, dated
08/08/08
Z. Stan Rogers Fly test cards
AA. Stan Rogers Bag of flies (given to applicant for testing
purposes, not contained in file)
BB. Stan Rogers Ohio Livestock Manure Mgmt Guide,
Bulletin 604-06
CC. Stan Rogers Article from West Virginia University
Extension Service re: House Fly Biology
and Mqmt
DD. Stan Rogers 16 photographs
EE. Stan Rogers Aurora Organic Dairy Pamphlet
FF. Stan Rogers Copy of Compliance Agreement re: Public
Nuisance from the County of Santa Clara,
California
GG. Stan Rogers USDA News Release re: Aurora Organic
Dairy, dated 08/29/2007
HH. Stan Rogers Letter and supporting documents, dated
09/23/08
II. Health Staff Updated Comments, dated 09/25/08
JJ. Tom Shaw Letter of Support, dated 09/30/08
KK. Stan Rogers Letter from Wendy Rogers, dated 10/01/08
LL. Stan Rogers 14 photographs
MM. Applicant Copy of PowerPoint Presentation for
10/01/08 (digital copy on CD as well)
NN. Applicant Boundary map and copy of USR plat
OO. Applicant Timeline of events for USR#1602
PP. Applicant Letter dated 09/29/08, Monitoring Plan
Report and Biological Control Report
QQ. Applicant Resume of Dr. Mauricio Benzaquen
RR. Applicant Resume of Dr. Juan Velez
SS. Applicant Evaluation of Nuisance Fly Control Program
(not scanned in, duplicate within Exhibit Q)
TT. Applicant Updated Spot Card Data
UU. Applicant Letter from Beneficial Insectary, dated
07/14/08
W. Applicant Letter from Health Staff, dated 07/02/08
(not scanned in, duplicate within Exhibit V)
WW. Applicant Letter from Health Staff, dated 07/10/08
(not scanned in, duplicate within Exhibit V)
XX. Applicant Letter from Health Staff, dated 07/14/08
(not scanned in, duplicate within Exhibit V)
YY. Applicant Letter from Health Staff, dated 07/15/08
(not scanned in, duplicate within Exhibit V)
ZZ. Applicant Letters of Support from Brandon/Juliana
Coalson, dated 08/14/08, and Vicki
Anderson Peter, dated 08/07/08 (letters not
scanned in from Jim/Pat Noah [duplicate
Exhibit O], Matt Pettinger [duplicate
Exhibit T], Ryan/Lana Reinick [duplicate
Exhibit S], David/Susan Blomquist
[duplicate Exhibit P], or Brandon/Juliana
Coalson, dated 07/31/08 [duplicate
Exhibit R])
AAA. Applicant Letter of Support from Ryan/Lana Reinick,
dated 10/01/08
BBB. Applicant Petition of Support from SPO's
CCC. Applicant Map of Adjacent Property Owners
DDD. Applicant List of Articles Citing Alsynite Traps
EEE. Applicant List of Articles Citing Spot Cards
FFF. Applicant List of Articles Citing Parasitic Wasps
GGG. Applicant Resume of Dr. Alberto Broce
HHH. Applicant Resume of Jerome (Jerry) Hogsette
III. Applicant Letter from USDA re: Fly Strip Test, dated
09/15/08
JJJ. Applicant Letter from KSU re: Fly Strip Test, dated
08/18/08
KKK. Applicant Resume of Dr. Ludek Zurek
LLL. Applicant Map of Ag Uses within 2 miles of AOD
facility
MMM. Jimmie Wolfrum 2 photographs
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