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WITWER, OLDENBURG, BARRY &JOHNSON, LLP
ATTORNEYS AT LAW
822-7TH STREET,SUITE 760
STOW L.WITWER,JR. GREELEY, CO 80631 JEFFREY T BEDINGFIELD
R.SAM OLDENBURG OF COUNSEL
JOHN J. BARRY
JACQUELINE JOHNSON TELEPHONE:(970)352-3161
PATRICK M.GROOM Weld County Planning Department FACSIMILE(970)352-3165
KEYNEN JAE WALL,JR.
GREELEY OFFICE SENDER'S E-MAIL ADDRESS:
APR 2 7 2007
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April 25, 2007
Charlotte Davis, Environmental Health Services
Weld County Department of Public Health and Environment
1555 N. 17th Avenue
Greeley, CO 80631
Re: USR#1393
Dear Ms. Davis:
Thank you for meeting with me concerning the above referenced matter. The purpose of this letter is to
provide you with the information required pursuant to the Resolution of the Board of County
Commissioners of Weld County dated September 29, 2004.
1. Paragraph 1.D. of the Resolution states:
The applicant shall submit a Waste Handling Plan,for approval, to the Environmental
Health Services Division of the Weld County Department of Public Health and
Environment. Written evidence of approval of the plan shall be provided to the Weld
County Department of Planning Services. The plan shall include at a minimum the
following:
1) A list of wastes which are expected to be generated on the site (this should
include expected volumes and types of waste generated).
2) A list of the type and volume of chemicals expected to be stored on the site.
3) The waste handler and facility where the waste will be disposed (including the
facility name, address, and phone number).
Response: The wastes which are expected to be generated on the site include manure generated
by the animals during cattle roping events and paper and other trash left by participants in the event. The
applicant may store up to thirty (30) gallons of weed spray, all of which will be kept in the shop on the site
and used promptly. The applicant has a dumpster supplied by Waste Management and that company will
remove all trash on a weekly basis.
WITWER, OLDENBURG, BARRY &JOHNSON, LLP
Charlotte Davis, Environmental Health Services
April 25, 2007
Page 2
2. Paragraph 1.E of the Resolution states:
The applicant shall submit a Manure and Storm water Management Plan to the Weld
County Department of Public Health and Environment for review and approval. The
plan should describe how manure generated on the site will be stored, managed,
removed, land applied, etcetera. The plan should also describe the fate of any
stormwater that may come into contact with manure. Written evidence of approval of
the plan shall be provided to Weld County Department of Planning Services.
Response: All manure generated on the site will be placed in the center of the steer pens.
Annually, the manure will be spread on the adjacent pasture. There will not be enough quantity even to
cover the ten acre pasture. All stormwater will drain down a gravel alley and will not come into contact
with the manure in the pens. Any drainage from the pens will remain on the property.
3. Paragraph 1.F. of the Resolution states:
A Dust Abatement plan shall be submitted to the Environmental Health Services
Division of the Weld County Department of Public Health and Environment, for
approval prior to operation. Written evidence of approval of the plan shall be provided
to Weld County Department of Planning Services.
Response: The applicant will use a water truck to spread water on the gravel parking lot and
driving areas as well as the cattle pens as needed to control dust.
4. Paragraph 1.G. of the Resolution states:
All septic systems located on the property shall have appropriate permits from the Weld
County Department of Public Health and Environment. The Environmental Health
Division of the Weld County Department of Public Health and Environment was unable
to locate a septic permit for a house located on this property. Any existing septic
system(s) which is not currently permitted through the Weld County Department of
Public Health and Environment will require and Individual Sewage Disposal System
(LS.D.S.) Evaluation prior to the issuance of the required septic permits. In the event
the system(s) is found to be inadequate, the system(s) must be brought into compliance
with current I.S.D.S. Regulations. Written evidence of such shall be provided to Weld
County Department of Planning Services.
WITWER, OLDENBURG, BARRY &JOHNSON, LLP
Charlotte Davis, Environmental Health Services
April 25, 2007
Page 3
Response: As we discussed, your files contain a report dated April 24, 2000, prepared for the
prior owner of the property, Larson Cutting Horses, LLC, by Lester Litton, P.E., of Earth Engineering
Consultants, Inc. The applicant has contacted Mr. Litton to update this letter to evaluate the existing
system's capacity with respect to the bunkhouse located on the property. This report will be provided to
you as soon as it is completed.
5. Paragraph 1.H. of the Resolution states:
In accordance with Above Ground Storage Tank Regulations(7 CCR 1101-14)a spillage
retention berm shall be constructed around the tank battery. The volume retained by the
spillage berm should be greater than the volume of the largest tank inside the berm.
Alternative protective measures may be allowed provided they comply with the Above
Ground Storage Tank Regulations.
Response: The tank batteries related to oil and gas operations at the site are in compliance.
There is only one other functional fuel tank, which is portable and can contain up to 300 gallons. This tank
is loaded onto the applicant's truck, and it is filled and used for work done by the applicant off-site. Fuel
is not stored on the site.
Based upon our meeting, I believe these are all of the issues that need to be reviewed by you. Please feel
free to contact me, at 313-4775, if you require further information.
Very truly yours,
WITWER OLDENBURG
BARRY & JOHNSON, LLP
.
queline Johnson
cc: Beau Rappel
Chris Gathman
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