HomeMy WebLinkAbout20082030.tiff HEARING CERTIFICATION
DOCKET NO. 2007-84.A
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 August 13, 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. On August 13, 2008, pursuant to a notice dated July 25,
2008, and duly published August 1, 2008, Bruce Barker, County Attorney, made this a matter of
record.
Chris Gathman, Department of Planning Services, stated the Show Cause Hearing is specifically
reviewing Development Standards#16 and#19,which he read into the record, regarding the facility
operating in a manner to prevent nuisance conditions, and in a manner to control flies. He
indicated since the October, 2007, hearing, Laurie Exby, Department of Public Health and
Environment, has completed numerous site visits, as well as visits to neighboring properties. He
clarified a site inspection was completed on August 8, 2008, and the Department of Planning
Services does not recommend that Use by Special Review Permit#1602 be revoked at this time,
since staff was not able to confirm evidence of an existing nuisance condition, or an excessive
amount of flies at the site. Responding to Chair Jerke, Mr. Gathman confirmed the Department
is not recommending that the Show Cause hearing be dismissed at this time.
Laurie Exby, Department of Public Health and Environment, confirmed she has been monitoring
the fly situation on the site, and at surrounding properties. She indicated she received a few
complaint calls in early July, 2008, and she confirmed only one instance, on July 11, 2008, at the
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Rogers residence, of which an excessive number of flies were present. She clarified the other
residences she visited did not have similar conditions, and the dairy itself did not have a significant
number of flies during a tour the previous day. She stated most of the neighbors have commented
that there are more flies within the area since the dairy has been in existence; however, the dairy
is doing a much better job of controlling the flies compared to the previous year. In response to
Commissioner Rademacher, Ms. Exby confirmed the property owned by the Rogers contains
turkeys, pigs, and chickens; however, there was not an excessive amount of flies within the
pigpens. She clarified the weather was extremely hot during the site visit, and the mature trees
providing shade on the property contained flies. She further clarified a residence to the south and
a residence to the east did not contain a large amount of flies on the same day. She indicated the
dairy grazes cattle on a lot directly adjacent to the Rogers property; however, there was not an
excessive amount of flies on the grazing property.
Julie Cozad, TetraTech, represented the applicant and expressed her appreciation to staff for the
professional duties completed to bring the dairy facility into compliance. She introduced the
representatives of Aurora Organic Dairy (AOD), the landowners, and the consultants. She
reviewed a PowerPoint presentation, marked Exhibit W, and gave a brief history and background
of the Aurora Organic Dairy Company and a brief overview of the High Plains Dairy facility. She
indicated the company has taken the nuisance matters very seriously, previously submitted an
updated management plan, and has been communicating with surrounding property owners.
Dr. Juan Velez, Vice President of Farm Operations for AOD, expressed his appreciation for being
able to discuss the efforts put forth in order to control nuisance issues at the site. He further
reviewed Exhibit W, giving a brief overview of the High Plains Dairy facility,and indicated the facility
is surrounded by grassland for grazing operations. He indicated the facility is currently milking
3,600 cows, and the dry cows are held at a separate facility. He clarified AOD did not have an
effective management team or plan in place during the year 2007; however, Bill Cronin is now the
General Manager of the facility, and AOD also hired a renowned entomologist, Dr. Alberto Broce,
to oversee the nuisance management and biological control program. He indicated a separate
company was hired to handle the composting, in order to better manage the manure on the site,
and an audit system was created to evaluate the management system on a periodic basis, with the
implementation of a checklist to be utilized to recognize when immediate action is necessary. He
reviewed the Pest Management Program, which includes monitoring fly populations, recording
data, and analysis, and he gave a detailed explanation of how the fly populations are monitored
through spot cards and alsynite cylinder traps. He gave a listing of the locations where the spot
cards were located, including several locations within the dairy facility, and several surrounding
properties, and he indicated a card was added adjacent to the Rogers residence later in the
season. He indicated the cards were monitored and collected for seventeen weeks, a majority of
the cards were free of spots each week, and he presented the data analysis within the
presentation. He explained that if an infestation of flies were occurring, the cards would have
contained numerous stains. He clarified each time a fly increase was experienced, the affected
neighbor was contacted, and additional parasitic wasps were released, which created a positive
response.
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Dr. Velez further clarified how the alsynite cylinder traps were utilized, and indicated the traps were
removed once per week to be counted, and the highest amount of flies ever counted was 92;
however, Dr. Broce has confirmed that an infestation of flies would result in trapping approximately
150 flies per day. He further indicated the locations where the parasitic wasps were released,
described the process of releasing the wasps, and indicated approximately 500,000 wasps were
released weekly, which increased to 600,000 when necessary. He reviewed the new composting
program initiated by A-1 Organics, and indicated 100 percent of manure is composted between
April 15 and October 15, to be spread as a fertilizer for the organic pasture. Dr. Velez indicated
the potential for flies is reduced through regular cleaning at the facility, pen dragging,and removing
standing water. He indicated the company has received a large amount of compliments regarding
the implemented programs, and the company is committed to continue these programs. In
response to Commissioner Rademacher, Dr.Velez indicated the placement of the Rogers property
on the map provided, and stated the card with the highest fly count was located inside the milking
pens at the facility. Further responding to Commissioner Rademacher, Dr. Velez confirmed the
facility receives deliveries of the parasitic wasps on a weekly basis from an insectory which
develops and breeds the wasps. He clarified the wasps are very fragile, do not fly long distances,
and do not become a nuisance, as they do not sting.
Sonja Tuitele, Vice President of Communications for AOD, stated AOD is committed to being a
good neighbor, and she provided a brief overview of the benefits AOD provides to Weld County,
including annual spending amounts, investment amounts,and attraction of visitors from around the
world. She clarified AOD produces organic milk for large retailers, and does not market milk
products through its own brand. She gave a brief description of the details regarding the
redevelopment of the Platteville facility, as well as the details regarding AOD's donations and
charitable giving, the Rocky Mountain Center for Organic Dairy Research, and the recent carbon
footprint study, all referenced within with PowerPoint presentation. Ms.Tuitele further summarized
how AOD has been providing neighborly support by assisting with snow plows and dust control,
providing free manure during winter months and compost within summer months, open house
events at the facility, providing a set amount of free milk through the Good Neighbor Milk Days
program, and paying fair market values for surrounding properties to residents who do not wish to
live next to a dairy for whatever reason. She indicated AOD has received great feedback from the
neighbors, who have confirmed the company is providing the mitigation measures promised, and
that there has not been a significant fly infestation this summer. In response to Commissioner
Rademacher, Scott Cockroft, property owner, indicated his family purchased the land in 1991, and
the property was previously utilized as pastureland; however, there was no previous dairy facility.
He clarified a hog facility, which is permitted through a Use by Special Review (USR) Permit, is
located to the northeast of the property, and there are no other dairies within the immediate vicinity.
Ms. Cozad indicated the dairy facility is more intensively regulated through a USR permit than as
a Use by Right, and AOD is committed to the continuation of being a good neighbor and business
operator. She clarified the property is currently in compliance with all of the listed Conditions of
Approval and Development Standards, and will continue to remain in compliance; therefore, there
is no just cause to revoke the USR permit at this time, and she requested that the Board dismiss
the Show Cause hearing.
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Jimmie Wolfrum, surrounding property owner, stated it has been more than one year since he first
expressed his concerns regarding this facility, and it has been a challenging and stressful year. He
confirmed the dairy has implemented positive changes, and the overall attitude of the officials at
AOD has shifted to a more neighborly position. He stated he previously felt that the operators of
the dairy believed they could do whatever they wanted with no regard to the neighbors or County
regulations, and the failure to implement any pest control measures last year was an example of
the arrogance. He indicated over the past nine months, the dairy has made a distinct effort to
improve communications and to be a positive neighbor by providing the free milk program and
informational meetings, and he now knows how to contact key personnel at the dairy to present his
concerns. Mr. Wolfrum confirmed the dairy is well maintained and is kept clean, the pastures are
becoming better established, and the current pest control program has provided a definite
improvement overall. He indicated he understands the diary is operating a composting program
at the facility, and he confirmed the well-managed program is better than spreading tons of raw
manure on the adjacent fields. He further indicated AOD is releasing parasitic wasps in order to
help control the fly population; however, he is not certain that the wasps are the correct solution
to the problem. He confirmed the fly level is currently bearable at his residence; however, it is too
early in the year to be able to determine if the fly problem will repeat itself and cooler weather will
provide the true test. He indicated he presented a large bag of flies at the October, 2007, hearing,
therefore, the true fly season cannot be determined in the month of August. Mr. Wolfrum indicated
the large volume of animal units on the site will always produce a certain amount of flies to combat,
and he understands that the dairy is conducting research regarding the flies; however, he believes
the fly card research is meaningless. He stated the cards show that there are virtually no flies
within the areas surrounding the dairy; however, he believes differently, and he recently spent
$7,500.00 to upgrade the ventilation system within the shop on his property so that he is able to
close the doors to keep the flies out and work within the shop on warm days. He requested that the
Board postpone the final decision until the end of the fly season, sometime after the first hard frost
generally within the month of October. Mr. Wolfrum indicated the flies became such an
overwhelming issue last year that traffic, dust, noise, and odor concerns almost became non-
issues, and he failed to follow up with the request for the placement of a Stop sign at the
intersection of County Roads 57 and 72. He expressed his regret over not persisting with the
request until after a fatal accident occurred at the intersection in December, 2007. He further
expressed his appreciation to the Board for directing the Department of Public Works to install a
Stop sign, which he believes has made the intersection safer. He indicated he hopes that the
County will continue to closely monitor the dairy facility and require compliance with all regulations.
Stan Rogers, surrounding property owner, indicated his property did not contain any of the fly
monitoring measures placed by AOD; however, his property was the one which experienced
problems with nuisance flies on several occasions. He expressed his desire for the Board to
distinguish between the presentation presented by AOD and the testimony provided by the
neighbors. He indicated the presentation by AOD spoke of the action taken to try to mitigate the
nuisance which was created by dairy staff last year; however, he believes the plan has flaws and
nuisance issues still exist. He confirmed the fly nuisance condition is not as severe as the previous
year, and he explained his property is an old farmstead, with many mature trees providing shade
and a refuge for flies. He indicated Ms. Exby has visited his property and has documented that a
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nuisance fly condition did exist during a site inspection, and he submitted photographs of his
property for the record, marked Exhibit X. Mr. Rogers indicated he accompanied Ms. Exby on a
visit to the dairy facility following inspection of his property, at which time Mr. Cronin indicated the
flies on his property were not coming from AOD, rather,that the flies were coming from a dairy over
three miles away on County Road 55 which had not implemented fly control; however, the other
dairy does have a pest management program in place. He stated Mr. Cronin further indicated the
flies were most likely coming from a large dairy five miles to the west, or from a neighbor who is
raising eight pigs in conjunction with the 4-H program. He clarified the west lagoon at the dairy
failed in Spring, 2008, and had to be pumped; however, Mr. Cronin was adamant that the lagoon
failure did not cause an increase of flies. Upon further discussion with Mr. Cronin, it was admitted
that raw liquid manure was left sitting at the bottom of the lagoon, and it was indicated that the
removal of the lagoon liner, which took approximately two to three weeks, could have possibly
created a fly hatch. In response to Chair Jerke, Mr. Rogers indicated the pictures presented were
taken during the first week of July, 2008. Mr. Rogers clarified the tear in the lagoon liner allowed
effluent to collect beneath the liner, and created a methane bubble above the lagoon. He indicated
he conducted his own fly monitoring program since the program created by AOD appears to be
deficient. He clarified in the summary of the management plan submitted by AOD, page two
indicated the fly cards were to be placed at preferred resting places; however, he does not believe
the cards were placed in areas deemed to be preferred resting places. He indicated other
publications indicate the correct placement of spot cards, and he provided an article for the record,
marked Exhibit Y. He further submitted the spot cards collected from his property as a part of his
monitoring plan, marked Exhibit Z, and he indicated the spot card with over 90 spots was located
on a windowsill for only four days. He explained the spot card located within his barn only
contained a couple of spots; however, a tape fly trap was located only five feet away, and was
covered in flies. He submitted a baggie containing the fly strip covered with over 320 flies for the
record, marked Exhibit AA.
Mr. Rogers indicated the dairy is working to try to control the nuisance conditions on the site;
however, 4,500 head of cattle are allowed to graze everyday, and Dr. Velez previously indicated
that only 3,600 head are currently being milked at the facility with the dry cows being located at a
separate facility. He clarified the cows graze on a parcel of land directly across from his property,
and this past Sunday the cows grazing were Springers and dry cows, therefore, he believes dry
cows are also held at the facility, and he expressed his concern that no one knows the actual head
count of cattle being held at the facility. He stated each cow in milk production will produce
2.3 cubic feet of waste per day, and the cows are eliminating wastes on the field adjacent to his
property while grazing everyday. He submitted photographs depicting the wastes eliminated by
the cows, marked as Exhibit DD, and clarified the wastes on the parcel are not treated, nor are
parasitic wasps released on this parcel, therefore, he believes AOD has missed an important
component within the management plan to protect the neighbors. He submitted additional
photographs depicting the sprinkler system applying effluent from the lagoon on the pasture,which
were included within Exhibit DD. Mr. Rogers stated the management plan submitted by AOD
indicates that one million parasitic wasps will be released each week; however, testimony was
provided at the open house held on July 10, 2008, that only 400,000 wasps were being released
each week. He referenced a bulletin from Ohio State University, marked Exhibit BB, which
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recommends that 250 parasitic wasps be released for each animal unit, for a period of the months
of late May to early September, which totals over one million wasps for this facility. He further
referenced a publication from the West Virginia University Extension Service, marked Exhibit CC,
which indicates that for a facility of this size, approximately 900,000 parasitic wasps shall be
released per week, and that the wasps should be used in conjunction with other conventional
nuisance control programs. He reiterated AOD is only releasing approximately half of the parasitic
wasps necessary to control flies at the site.
Mr. Rogers stated the brochure distributed by AOD provides statistics regarding the renovation at
the Platteville facility, indicating the milking herd will be reduced to 1,000 head; however, it fails to
mention that AOD was given notice of proposed revocation of the organic certification on April 16,
2000, from the United States Department of Agriculture(USDA). He clarified on August 29, 2007,
AOD signed a Consent Agreement,which required that the number of cows on the site be reduced,
and that additional pasture be implemented, in order to retain the organic status. (Clerk's Note:
A copy of a news release concerning this agreement was presented for the record, and entered
as Exhibit GG). He stated the indication of a $14 million investment at this facility was mentioned
within the brochure as well. He indicated during the hearing in October, 2007, representatives of
the dairy indicated that a proper management team had not been assembled,and an inexperienced
employee made the decision to provide a land application of manure which caused the fly
infestation; however, the employee was acting upon a direct order given by upper management.
Mr. Rogers expressed his appreciation to the Board for their consideration of the matter, and he
requested that the Board respond appropriately. He stated the testimony he has provided indicates
that the facility has not appropriately followed the management plan, and his biggest fear is that
AOD will continue to purchase surrounding properties so that the number of animal units at the
facility will eventually become a Use by Right. He submitted a copy of a Consent Agreement from
the State of California, marked Exhibit FF, for the Board's review. In response to Commissioner
Rademacher, Mr. Rogers clarified the lagoon pond did not overflow, rather, the lagoon had to be
pumped in order to mitigate the liner situation. Further responding to Commissioner Rademacher,
Mr. Rogers stated the cattle graze the pasture adjacent to his property on a daily basis, which was
confirmed earlier today by one of the representatives of AOD. In response to Chair Jerke, Mr.
Rogers indicated he understands the dairy has tried to come into compliance, and he does not
have a problem with the management of AOD; however, the tone of arrogance is frustrating. He
indicated a neighbor recently sold their property to AOD because they were tired of fighting the
situation, and he indicated he is almost to that point as well. He clarified if the facility is allowed to
continue operating at the current levels, the nuisance issues will continue, since the facility does
not utilize traditional programs to control the nuisance conditions. Further responding to Chair
Jerke, Mr. Rogers indicated at the time he testified during the October, 2007, hearing, he was
employed within the agricultural sales industry; however, it strikes him as ironic that he was
terminated from his position the week after his previous testimony.
Wendy Rogers,surrounding property owner,expressed her appreciation to the Board for reviewing
the matter again, and further expressed her appreciation for the placement of the Stop sign at the
intersection of County Roads 57 and 72. She indicated the affected parties are present today to
discuss the fly nuisance caused by the dairy, to determine if there is another nuisance this year,
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and she suffered through another fly boom this summer. She further indicated she appreciates all
the efforts AOD has put forth; however, there are simply too many animal units on the site to be
able to adequately control the flies organically. Ms. Rogers confirmed she has lived within the area
for over fifteen years, and she has never experienced an overwhelming amount of flies until the
dairy began operations. She indicated the dairy facility does not contain an overwhelming amount
of flies because the parasitic wasps are being released throughout the facility, and she reiterated
the dairy has not released the number of wasps originally indicated within the plan. She indicated
the thousands of cows which are allowed to open graze are creating a large problem, and she
confirmed the wastes excreted by the cows are kept moist by the pivot sprinklers, which causes
a breeding ground for the fly larvae. She further stated AOD has provided no effort to control the
flies where the cows graze, and it is common sense that the grazing ground is a positive source
for fly infestation. She confirmed she called the Department of Public Health and Environment
during the first week of July, 2008, and while she was attempting to paint buildings on her property
to correct the damage caused by the flies last summer, she was forced to stop painting due to
massive amount of flies on her property. Ms. Rogers stated Ms. Exby visited her property on
several occasions, and confirmed a fly nuisance condition existed on July 11, 2008. She stated
she researched the matter and found that flies are attracted to dark and cool areas during the
warmer part of the day, and the trees on her property provide a large amount of shade, therefore,
her property provides a great landing place for the flies. She confirmed she loves her home;
however, it harbors the flies produced by the dairy. She indicated her house was again damaged
by the flies after she completely re-painted the house, therefore,she approached the dairy officials
to inform them of the situation; however,the dairy informed her that the flies did not originate at the
facility. She stated an AOD representative previously indicated he visited with the neighboring
property owners to discuss fly mitigation measures for those properties which contained fly
monitoring cards with spots; however, when she approached the company with her concerns, she
was completely dismissed. She indicated she believes the management officials are exceedingly
arrogant and difficult to work with, and she expressed her frustration regarding losing a long-time
neighbor who sold out to the company,even though she was born and raised on her property. She
indicated the Board needs to work to help the neighbors by making serious decisions, and she
stated she believes the Commissioners previously had great foresight during discussions regarding
the need to reduce the number of cattle on the site, which she believes to be the solution to the
problem. She stated the number of cattle at the facility should be reduced, the facility should
uphold its Nuisance Control Plan, and the Commissioners should provide an annual review of the
matter. Ms. Rogers indicated the fly nuisance level last year was of a criminal nature; however,
this year it has been reduced to a nuisance.
Steve Cecil, surrounding property owner, stated he has lived in area all of his life, and he owns
property to the east of the dairy. He indicated he has nuisance flies on his property; however, he
does feed cattle on his property. He stated he doesn't know where the flies are truly originating
from; however, he can confirm that the flies are not as excessive as last year. He further stated
the dairy has done an outstanding job trying to mitigate the problems this year, and believes the
dairy is an asset to the community by purchasing feed at a good market price, and providing
manure to surrounding property owners, and he is happy to have the dairy as a neighbor. He
clarified the fly situation got ahead of management before they knew there was a problem last year;
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however, management has worked pro-actively this year in order to stay ahead of the problem.
He indicated the dairy should probably release more wasps in order to keep the flies under control;
however, he does not want the Board to revoke the permit.
Dr. Velez confirmed the dairy facility is currently in full compliance, and he explained that
Ms.Tuitele tried to contact the Rogers in order to place a spot card on their property; however, she
was never granted permission. He indicated the spot card was placed on dairy property directly
adjacent to the Rogers property instead. He explained the total number of animal units fluctuates,
and 650 cows are housed and grazed at another location,called the Moody location,approximately
two miles north of the dairy facility. He clarified 3,600 cows are milked at the parlor during the
summer months, and there are several dry cows at the facility which are birthing calves. He stated
AOD has acted very carefully not to run wastewater through the pivot sprinklers, and due to
concerns regarding hygienic practice, only clean ditch water is provided to the irrigation pivot.
Dr. Velez indicated the total number of parasitic wasps recommended to be utilized depends upon
the specific species and the conditions at the dairy facility, and he confirmed the facility is following
specific expert advice, which is why there was a positive response each time the number of
parasitic wasps was increased. He stated the amount of wasps released is not a set number, and
is adjusted weekly, as recommended. He indicated it is important to clarify that the cattle go out
to pasture everyday; however, the cattle are rotated between different pastures so that each
pasture may rest in between for approximately 21 days. He indicated the remodeling of the
Platteville facility began during the early months of 2006, therefore, the remodeling is not a
requirement of the letter referenced by Mr. Rogers.
In response to Commissioner Rademacher, Dr. Velez indicated the facility did not place parasitic
wasps on any property outside of the facility this past year; however, AOD will consider doing so
in the future, if requested. Further responding to Commissioner Rademacher, Tom Haren,
AGPROfessionals, LLC, stated the liner for the west lagoon contained a material defect caused
by the manufacturer, a settlement was reached, and the settlement was utilized to replace and
reconstruct the lagoon. He indicated a synthetic liner typically lasts between fifteen and twenty
years, and it is required that lagoons be inspected on a weekly basis. In response to Chair Jerke,
Dr. Velez explained how the cattle are moved at the facility between all of the grazing pastures.
He confirmed some dry cattle are housed at another property to the northeast, which are trucked
between locations for grazing; however, all of the cattle held at the facility are walked between
pasture and the stalls. He confirmed the cattle will graze an area for four or five days, and after
the grazing is completed, mowing operations are completed for weed control, and the irrigation
system is turned back on. He indicated the rotation system allows for better utilization of the
grazing, faster growth within the pasture, and good forage control. Further responding to Chair
Jerke, Dr. Velez indicated the cows are herded by staff to the appropriate grazing field. In
response to Chair Jerke, Ms. Cozad reiterated several of the neighbors who could not attend today
did send letters of support, which have been provided as a part of the record.
Responding to Commissioner Rademacher, Ms. Exby indicated the first complaint of flies was
received at the end of July, 2007, and the first site inspection was completed on August 8, 2007;
however, a nuisance condition did not exist at that time. In response to Chair Jerke, Mr. Barker
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confirmed the Board may make a motion to continue the matter, as suggested by a surrounding
property owner, dismiss the Show Cause hearing, as requested by staff and the applicant, or
indicate the appropriate cause in order to revoke the USR permit.
Commissioner Rademacher indicated he believes the fly infestation was later in the year last year,
therefore, he agrees with the request to continue the matter until October, 2008, in order to
determine if the issues have been adequately resolved. He clarified he does not support revocation
of the permit, since the facility has worked hard to address outstanding issues.
Commissioner Long indicated, at the hearing in October, 2007, the Board considered continuing
the matter for a full year; however, it was determined by the Board that a hearing was necessary
within the summer months to ensure the remedies and management plan were adequate. He
indicated he supports a continuance of the matter because he would like to ensure that the
mitigation continues past the summer season. He clarified the applicant has provided evidence
of dramatic improvements; however, the height of the season is still forthcoming, and more
answers will be provided after the first major frost or freeze within the area. He further clarified he
does not support revocation of the permit, and he is not yet comfortable with dismissing the Show
Cause hearing, therefore a continuance of the matter is appropriate. He indicated to the applicant
that the Board has taken this matter very seriously, and the mitigation measures need to continue
to be enforced for the benefit of the surrounding property owners.
Commissioner Garcia concurred with Commissioner Long, and indicated he remembered that the
purpose of today's meeting was to determine how well the plan was enacted and proceeding. He
indicated he has witnessed diligent effort from the applicant, and he believes the plan is working.
He further indicated the suggestion by Mr. Wolfrum to continue the matter is reasonable, since
complaints were received last year through the month of September, with the worst of the situation
occurring between August 8, and September 28. He clarified he is pleased by the efforts of the
applicant; however, there is still a long way to go, and the testimony provided by both Mr. and
Ms. Rogers still causes him concern. He indicated it is a good idea for the applicant to investigate
the possibility of placing parasitic wasps on neighboring properties, in order to help mitigate the
concerns presented, and he supports a continuance of the matter until after the month of
September. Commissioner Rademacher indicated the applicant will have additional time to mitigate
the situation with the Rogers' property.
Chair Jerke indicated he supports a dismissal of the matter,since the applicant has made dramatic
improvement. He stated the applicant understands where some problems still exist; however,they
can be trusted to work with the surrounding property owners to find solutions. He indicated he does
not believe the Board needs to reconsider the matter in another month, since he believes the
mitigation measures will still be working.
Upon discussion among the Board, and after conferring with the Acting Clerk to the Board
regarding a continuance date, Commissioner Long moved to continue the matter to October 1,
2008, at 10:00 a.m. The motion was seconded by Commissioner Garcia, and it carried
unanimously. There being no further discussion, the hearing was completed at 11:45 a.m.
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This Certification was approved on the 18th day of August, 2008.
APPROVED:
p BOARD OF COUNTY COMMISSIONERS
t '\ WELD COUNTY, COLORADO
ATTEST: I6' ,c;cfr
illiam H. Jerke, Chair
Weld County Clerk to the
f EXCUSED
/� ` R be mien, Pro-Tem
BY:/Deputy
Ierrk�
Deputy Clerk the Board
Wi is F. Garcia
David E. Long
ouglas Ra emacher
2008-2030
PL1896
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