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Home My WebLink About20071337.tiff �_ ` Board of Weld County Commissioners Weld County Centennial Center 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. 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 citizens with jobs and housing, and other local services as extensions of our farms and facilities. 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. Sincerely, Marc Peperzak Chief Executive Officer (720) 564-6296, ext. 121 Commitment to Weld County While our reach is far, 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 hest 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 grant 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 5100.0(X) annually for Colorado State University research projects related to organic dairy. • We donate 520.000 annually to scholarships for 10 Colorado State University students each year. • We provide on-the-job training for agricultural science student internships at ou 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 he 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 10 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 horn. 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 be 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-li 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 C - Board of Weld County Commissioners Weld County Centennial Center 915 10th Street Greeley, CO 80631 August 8, 2008 s 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 #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, 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. 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 Tui Vice President of Communications (720) 564-6296, ext. 137 cn ;nr n,�;rornOr!:mi .cnm Copies: Laurie Exby, Chris Gathman, Bruce Barker, Esq. 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 year and 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, ddL e ice Pr ident of Operations Al Organics • 4.1 U ��- Corporate Headquarters• 16350 WCR 76 • Eaton.Colorado 80615 • Tel 970-454-3492 • 800-776-1644 • Fan:970-454-3232 Facilities in: Eaton•Keenesburg•Platteville•Stapleton•Golden•Colorado Springs a\Leadet"Ps4 July 30, 2008 Laurie Exhy and Trevor Jiricek Weld County Department of Public Health and Environment 1555 N. 17`h Ave. Greeley. CO 80631 Subject: Scheduled Reports to the Health Department Dear Ms. Exhy 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-I602, 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 a. • .r ill i 1-ar * Mix r . {, `- . � '' i • Alernick i %% z---„- P. *f't=Hinter j Ff An U�au�a lrYt, t -, . . { ay � 'r i amity m lei outsideroo the eatkit * No ' t. >` ah parlor ti Wall outside the w f ' { : parlor ib� Front entrance atle ' * pi 4 !l Break room - 4 Pens- 1 . 4. 5. 8. 9. 1 and.4 . ...„ la . •i + Y 1 e. . s- _ , i.re - ._.A. ir'lli "4*.4t 16, 4 V Lfrum `,•. . . _ ,:: Peters * 4,_444- y . , , . _ Googke"' , 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 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 ' I.r' r Cylinder Traps * L t A ,'\ J/II/t r f t J J r Ili t It: 'i r Rta � i P- ....ir Ir_ v. ai.r ..t 1 - , F7•r I1 x l 1 �. ' ';. . I t'".._, y, Mill. PietIIb• y r _l iii ail Saki o• ,` 1 _._T_"-__ Tr ilL„ . 1 _4 i 1 Y r..1fir l I: 3 V V le I [ .1.4 . -Th ' -.I ti . .0% Ir't. 1 J nI.. it it '" i" %' 4 :%. �. . : . I . I „ L . -..:-e- t ' t . It• ? f m r .. gio - £ Goo 3let,t 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 t #3 SE 800 - 700 600 - - #4 SW -*-- Total 500 - 400 - 300 - 200 - 100 - 0 § § § s § § § N g s s § a a a a g a a a c 5 a S N N 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 1 Wasp Release Ir Wasp releasing sites * f '''�it iC 3 • • ;I : f{' : 1 yh Pt,un, r hAlThle \ 1 I ' 4 .1 I, t * \ . Ai ierret 41ift ...! t , . { fi. 4- . CaoogeL\ y .. 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 /00.000 O Compost O Comp 35 O Comp34 D Comp33 ❑Comp32 O Comp31 5iu .0OO O21 ■ RAF■ RG18 moll RG17 ac?i;,u��cj r • RG16 3 r ■HP 13 ■HP 12 E 300,000 • O HP 11 Z ■HP 10 ■HP 9 OHP 8 200,000 r r ■HP 7 ()HP 6 - ■HP5 100,000 Non - - O HP 4 MU DHP 3 ■HP2 0 • * d ■HP 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. 7 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 Iii 4 x 1 '4• SP . ;girl..i.,• t ,• • F; ;; } rt ll Pupa Parasitism Test ' I Site - Pen Site NANc ;t: J1i it w 1 � t - T ll 1 \ f I If ' ..t , c . t^ '-• 9' 1 fit , - _ t ( ' Ili 1 j li I tit'. I . . I .. f Pupa Parasitism Test •+� ! t , , Site — East Compost �, _ • i a \.1*%e&:SU 1/2 ' Ji 4\r"V:sit I ri ( *III ‘ : is i4 t /ill _ , _ - ,. ,. ' '� kl‘ � Pupa Parasitism Test '1 1 ' ' 1 - Site - West Compost , ,* c . . K ' ` • clis it:, y sir.. 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. Sonja Tuitele Vice President of Communications Aurora Organic Dairy 9 {., 2P t' v4 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 5ih. We are writing to let you know that we have rescheduled that event for Thursday,July I0"' 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 hills@auroraorganic.com Sonja Tuitele,VP of Communications, 303.222.0637 or sonjat@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 12u' 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't'! Sonja Tuitele Vice President of Communications 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 pans: • 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 Mouse 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). i c "i` illtr r. i An example of a Spot Card placed at the Dairy. Spot Card Locations /r, t 4z j r • mR ALIAI r:x I - * Mlx # leinick r 3 iwild r"--- P... c • _ . . /!- - i - ` Halt Plitt " ' s Pettinger . * .r,. rat ,- ‘Al_.. :N . rnity toom ,� �,. , : l outside the e, I I • . . .. y 41 ulu ,4 Noatit r: � a parlor f It - • • . _ - —.11-1 _ all outside the w — — T-- — I . r. t .4 t:. ' parlor _} `�i_r" ; ; Front entrance alle 4 1 t.,.t Break room = Pens: 1, A, 5, 8, 9, 1 . and 16,•f r • _1 7 I,; 0.at .... 4 to, . •. JA i la r r ' ' Ii* Vfum it `r ' '* PTters 6i: Gtr - —me b1 1•' i ♦ 1. if f i "3r I� - .- — ' 7 li 4"'M f v ag a. i "a. •_F. _. • I 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 I 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 Cylinder Traps * ,�-- v 04164: 1 alt /--- - -iiirm,.._ U� ; ---- f 'X .r C1 f f High Plainsik n t li - -le. � " i rt S --� 4 • I r: . • , , it", (I , ai _ ',1;t.4 1.- ( a . M. L F s t I if;it. ' ' 0�. 40 10 I •' a ;'. r 4.. . .. r _. ,pt . .„ .N T xi ye. C Goo ler.. 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 finding, 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: I Alsynite cylinder traps -•- Total ---- NW-1 500 - 450 - NE-2 -m•- SE-3 400 - -t- SW-4 ▪ 350 - 3 ✓ 300 ti▪ 250 - O 200 - = 150 - 100 - 50 • • 0 i 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 extensively integrated into fly management programs. Accordingly, Aurora Organic Dairy has elected to use parasitic wasps as its biological control agent. NMI ale / 1 , tv ' ' - i 1 w ' /1 i - - % e IP _ , f .. ir , ilk .: it ii„ • Iii f limo 4. 1 - , .,. t , ,i, .„:. N .5i." ._ 4, r ' 7 p s ` / r { q1� .- 1 „ 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. a •'title", pyy,, e, N . 704 - # i f IL -1 r _ _ 1 \, as - ., ti . F4 •%._ • .;e =, f♦ �, O rS-�+_ye all —. . ,'tobe�� `c� h_ ....1144.0 v OA .•�' �n�y f 4►c« 11__ v .K! w ` "0 a ,►'S<►•♦_�0 iit dh�lli 1.406.1. w+,.�-' %r.��e. h -.. 0 .Y'��rtt .��♦fitor pa,"♦�r ♦� +,'S♦ r• • 1 i. , e , - ._ „...... .,...„...„,....„.....„ . cp•-• ..... , ,,,,,, ...- ..-... _, - ..... 4 atirriit ---c; IN-.%.kr-i: 2-_ . 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 indicated by the green stars on the map below: Wasp Release -_ Wasp releasing sites * ` t, '. 1.1 l� �l F \ a . / •�_ pv., ,-,-.--, . ipl",_ , g 1., 1 "Irritilf . ,.fin Plalns rt ', /• - - F( , It * Flay IL 4 7r s'h 'y. t ' . F : !,, t:. , ...r �' * t - - - �' .y _ . _ 3.. 4 • !,t . i .„ D . J r rt i , jayy '= • •.. °� y, �- tt77 � f - •'� t sr f 7 t. 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. -- — — � - — BHP Wasp Released by Site ■ HP 2 0HP3 200000 - — - o HP 4 ■ HP5 180000 ❑ HP 6 160000 - ■ HP7 v OHP8 c 140000 ■ HP 9 O _ ■ HP10 a 120000 — - -- -- — _ OHP11 11 100000 I ■ HP 12 lac: ■ HP 13 80000 ■ RG16 E ■ RG17 'O 60000 ' ■ RG18 ■ RG19 40000 o RG21 20000 - _ 4 nueEHIITF1011 ] To F� . J I I CI 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 E oo C) a Co S 3 500000 - 'O a E 0) W 400000 , -- ' 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 g gP P 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 , . 1/4„, , ._ , 4 g. . . t --- / -, , . .. . , , ! Pupa Parasitism Test / 3_ Site - Pen Site r1 )j , . f 1°2 . it1 • t -..4-4!:. s —44. . A • _ • 1 , + ..r 4. . :1-11f 1 'i I; 1� l t i x 1 , .:r. ,�'�f _ t c., irr kti,- 1 ',e el i LI_ It _ 1 It .._ .: ,_ .1 I Willi,L.. .. - - Pupa Parasitism Test - Site - East Compost i . , sq 1, . ii . —.. ;. stc I . , ,; ci. i ; N i i ill Pupa Parasitism Test Site - West Compost I ,, J 74. of s 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 billc0vauroraornanic.coni Sonja Tuitele, VP of Communications, 303.222.0637 or soniatC_auroraoreanic.com I look forward to seeing you again on June 5L1'! Sonja Tuitele Vice President of Communications 1,. 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 conceits 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 I look forward to seeing you again on June 51t1! Sonja Tuitele Vice President of Communications 1 1 ;.,, T v j - i 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%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 eight/ gallons of great-tasting organic milk on the first Saturday of every month from 9 a.m. to II 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 Mlle Vauroraorganic.com Dawn Wobig,Office Manager, 970.454.2420 or dawnw@auroraorganic.com Sonja Tuitele, Vice President of Communications,303.222.0637 or soniat@auroraoreanic.com Thank you and we hope to see you on Saturday! Sonja Tuitele Vice President of Communications Weld County Planning Department GREELEY OFFICE it TETRA TECH APR 08 ?UPP. RECEIVED March 20, 2008 Chris Gathman, Planner Weld County Department of Planning Services 918 10th Street Greeley, CO 80631 Dear Chris, Tetra Tech is currently working with the Aurora Organic Dairy and their associated facilities to provide Planning and Civil Engineering Services for their projects in Weld County. Your main point of contact for all projects in Weld County is Sonja Tuitele, with Aurora Organic Dairy. You may also contact me at 303-772-5282 or I can be reached by cell phone at 303-709-3319 or by e-mail at julic.cozad'a tetratech.com Sincerely, r, ✓ / Julie A. Cozad Land Planning Manager cJ Tetra Tech pc: Hannah Hippley Sonja Tuitele, Aurora Organic Dairy 1900 S.Sunset Street,Suite 1-F Longmont,CO 80501 Tel 303.772.5282 Fax 303.772.7039 • Fen2008 G.rtrlc,C ,'dam ,.G� , lik—t Weld Copnty Manning Department �a uid > � EG FI —3 3: 5u WELD COUNTY "hill ATTORNEY'S OFFICE prrok mmissioners vrreeiey, C.() M)032 . RE: Environmental matter rt z Our File Number: 1923-001 Dear Mr. Barker: This law firm represents Steven and Deborah Pirera with regard to review of Case No. USR 1602 for compliance with the Conditions of Approval and the Development Standards as approved by the Board of the County Commissioners on July 11, 2007. and the possible revocation thereof. Our clients have brought to our attention the fact that under the above sited Case, thc Aurora Organic Diary operation has, on its premises, animal units in excess of the units allowed as a Use By Right. The Use By Right for this particular dairy operation is 3,200 head, (800 acres x 4 animal units per acre). The fact is that the animal units, now present on the diary, are in excess of 4.000 head. This excess places Aurora Diary in violation of the Weld County Code and has lead to a serious fly infestation at the Pirera's home, as well as infestation of other homes in the aria. It is our information that this serious violation will not he reviewed by the Weld County Board of Commissioners until August of 2008, thus permitting the dairy to perpetuate its nuisance for another year on the Pirera's land. This letter is to place the County on notice that we believe the County Commissioners may be liable for damages at to the Pireras in that the Commissioners are not enforcing the County Code in accordance with its terms. thus causing damage to the Pireras and their property. I ny ' � EXHIBIT ,„,„ I / t ace#l(01 CC . PL 9L12916 The Pireras intend to take action against Aurora Organic Dairy and others, perhaps including the County, to remedy the unhealthy nuisance that has been caused by the overpopulation of cattle on the Aurora Dairy property and the wanton and negligent manner in which Aurora Organic Dairy has managed its waste disposal and its relationship with its neighbors. Such negligent action has caused severe hardship for the Pireras, and blighted their property to the extent that it has become seriously devalued. Please do not hesitate to contact me should you wish to discuss this matter further. I look forward to hearing from you in the near future. Sincerely, .41a1Z-14: 7113(r— Jo Anne Hagen, Esq. Hagen & Melusky, Inc. JAH/ cc: Mr. & Mrs. Steve and Deborah Pirera 4.1 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. l'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 you have any issues or concerns about the dairy: Bill Cronin, General Manager.970.454.2420 or billc 0'auroraorganic.com Sonja Tuitele,Communications Director,303.222.0637 or soniat<2'auroraor2anic.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 I I 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 he 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 I,2008 December 6.2008 Again, please don't hesitate to contact me or Bill if you have any questions. Thank you! Sonja Tuitele Communications Director An, U.4 d-e.44cl Cc.- ✓thide '14c _._. 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Let. c C. z1L4 4l3 .. 5-7 1 rz-di,r- -v-'ti 147 orisn/1 r----------OG...- [qr, to w }(._ c ..r .C V+ 1111"131 rr--tier IN iJh eit/ Gri hit r r vt LI 1 3i( ) i IA Tr.a-4—� Dc�-4-- I. c 1i. ,,+2 „-n L LucA Skid c'r t711, Weld County Planning Department GREELEY OFFICE MEMORANDUM OCT 3O2007 RECEIVED TO: Chris Gathman, Planning Services DATE: October 29, 2007 WI D FROM: Donald Carroll, Engineering Administrator C SUBJECT: USR-1602, Crockroft Dairy LLC COLORADO The Board of County Commissioners approved the Road Maintenance and Improvements Agreement associated with dust suppressant for WCR 59. This is associated with Development Standard No. 10, which would meet the requirement from the Weld County Public Works Department to have dust suppressant in place to accommodate heavy hauling on WCR 59. pc: USR-1602 M:\PLANNING-DEVELOPMENT REVIEW\USR-Use by Special Review\USR-1602-C.DOC High Plains Daily Management Plan For Nuisance Control For High Plains Dairy 28520 WCR 72 Gill, Co 80624 Developed in accordance with Generally Accepted Agricultural Best Management Practices Prepared By AURORA DAIRY CORPORATION WITH ASSISTANCE FROM AGPROfessionals, LLC AND DR. ALBERTO B. BROCE, PH.D. October 2007 {ClientA7153V00A02029731 DOC/61 High Plains Dairy AGPROfessionals,LLC Introduction This supplemental Management Plan for Nuisance Control has been developed and implemented to identify methods that High Plains Dairy, will use to minimize the inherent conditions that exist in confinement feeding operations. This supplement outlines management practices generally acceptable and proven effective at minimizing nuisance conditions. Neither nuisance management nor this supplemental plan is required by Colorado State statute or specifically outlined in the Colorado Concentrated Animal Feeding Operations Control Regulations. This is a proactive measure to assist integration into local communities. High Plains Dairy will use these management and control practices, to their best and practical extent. Legal Owner, Contacts and Authorized Persons Correspondence and Contacts should be made to: Juan Velez Aurora Organic Dairy 7388 State Highway 66 Platteville, Co 80651 The individuals) at this facility who is (are) responsible for developing the implementation; maintenance and revision of this supplemental plan are listed below. Juan Velez Vice President of Farm Operations (Name) (Title) (Name) (Title) Legal Description The concentrated animal feeding facility described in this NMP is located at: Lot A of Amended Recorded Exemption RE-178 being part of Section 11, Township 6N, Range 64W of the 6th P.M. 2 {ClientA1153/00A02029731.DOC/6} High Plains Dairy AGPROfessionals,LLC Air Quality Air quality at and around concentrated animal feeding operations are affected primarily from the relationship of soil/manure and available moisture. The two primary air quality concerns at dairies are dust and odor. However, the management practices for dust or odor control are not inherently compatible. Wet pens and manure produce odor. Dry pens are dusty. The two paragraphs below outline the best management practices for the control of dust and odors that High Plains Dairy will use. The manager shall closely observe pen conditions and attempt to achieve a balance between proper dust and odor control. Additionally, management is working with Dr. Jessica Davis of Colorado State University in on-farm research to improve dairy farm related air quality by studying the air quality affects of different air flow patterns in and out of dairy barns. Enhancements learned will be applied on site. Dust Dust from pen surfaces is usually controlled by intensive management of the pen surface by routine cleaning and harrowing of the pen surface. The purpose of intensive surface management is twofold; to keep cattle clean and to reduce pest habitat. The best management systems for dust control involve moisture management. Management methods High Plains Dairy shall use to control dust are: 1. Pen density Moisture will be managed by varying stocking rates and pen densities. The animal's wet manure and urine keep the surface moist and control dust emissions. Stocking rates will be considered in the management of dust. 2. Regular manure removal High Plains Dairy will continue to conduct regular manure removal. Manure removal and pen maintenance will be conducted as needed. 3. Water Trucks Should nuisance dust conditions arise, water tanker trucks or portable sprinkling systems may be used for moisture control on pens and roadways to minimize nuisance dust conditions. 4. Road Application Road application for increased dairy traffic will be managed appropriately and will use products such as liquid magnesium chloride which are designed for maximum control of dust and provide the following additional benefits: • Cleaner air, which leads to better health,better visibility and much cleaner vehicles, property, vegetation and living sites. • An inexpensive, smooth, firm, driving surface, which increases vehicle productivity, decreases fuel consumption and saves time. • Greater safety by increasing driver visibility and decreasing risks caused by loose gravel, soft spots, road roughness and flying rocks. 3 {ClientA 1153VD0A02029731.DOC/6} High Plains Dairy AGPROfessionals,LLC Odor Odors result from the natural decomposition processes that start as soon as the manure is excreted and continue as long as any usable material remains as food for microorganisms living everywhere in soil, water and the manure. Odor strength depends on the kind of manure, and the conditions under which it decomposes. Although occasionally unpleasant, the odors are not dangerous to health in the quantities one customarily notices around animal feeding operations and fields where manure is spread for fertilizer. High Plains Dairy will use the methods and management practices for odor control as follows: 1. Establish good pen drainage Dry manure is less odorous than moist manure. The dairy will conduct routine pen cleaning and surface harrowing to reduce standing water and dry or remove wet manure. 2. Regular manure removal Reduce the overall quantity of odor producing sources. The dairy will conduct routine pen cleaning and harrowing as needed. 3. Composting Reduces volume, nutrients, odor and pests. High Plains will enhance this process by utilizing a compost turner. 4. Reduce standing water Standing water can increase microbial digestion and odor producing by-products. Proper pen maintenance and surface grading will be conducted by the dairy to reduce standing water. The stormwater ponds will be dewatered regularly in accordance with the Manure and Wastewater Management Plan for High Plains Dairy. No chemical additives or treatments of the stormwater ponds for odor control are planned. Research to date indicates poor efficacy, if any, of these products. 5. Land application timing Typically air rises in the morning and sinks in the evening. High Plains Dairy will consider weather conditions and prevailing wind direction to minimize odors from land application. If it is determined that nuisance dust and odor conditions persist, High Plains Dairy may increase the frequency of the respective management practices previously outlined such as pen cleaning, surface grading and pen maintenance. Additionally, if nuisance conditions continue to persist beyond increased maintenance interval controls, High Plains Dairy will install physical or mechanical means such as living windbreaks and/or solid fences to further minimize nuisance conditions from dust and odors. 4 {Client\l 153v00%0202973 I.DOC/6} High Plains Dairy A GPROfessionals,LLC Pest Control Insects and Rodents Insects and rodents inhabit environments that have an adequate to good food supply and that foster habitat prime for breeding and living. High Plains Dairy manages insects and rodents' habitat and available food supply by minimizing the existence of such environments through practicing routine good housekeeping, feedbunk cleaning, site grading and maintenance. Traps and chemical treatments are effective control methods and will be used as necessary. Specifically, fly control will consist of: Regular manure removal, lot management and composting Proper manure management removes both food sources and habitat for flies. High Plains manure management consists of: • Routine lot harrowing—generally every other day. • Routine lot scraping— generally once a month. • Routine vacuuming—generally twice daily. • Removed manure is windrowed to facilitate drying. • Parlor flushing with effluent separated through a liquid/solid separator. o Separated solids are combined with the removed lot manure and windrowed. o Separated liquid is used as irrigation water. • The windrowed manure moisture content is decreased by windrow turning. • High Plains will enhance this process by retaining Al Organics to compost approximately 20 to 30% of its manure in accordance with the standard practices outlined on the attached Exhibit 1. High Plains will use the composted manure on the dairy's pastures and on other property owned or leased by Aurora Dairy Corporation. High Plains will haul the remaining 70 to 80% of the raw manure off-site to (a) the neighbors that have requested such raw manure for farming purposes, and(b) other property owned or leased by Aurora Dairy Corporation. High Plains agrees to provide the Weld County Department of Public Health and Environment a detailed description of the composting process by no later than January 1, 2008 and to the neighbors by no later than January 15, 2008. • The manure and compost inventory will be kept to a minimum in conjunction with the land application availability during the year and the requirements for High Plain's crop and pasture plan. • High Plains will monitor the moisture content in the manure and compost inventory it applies to its lands. High Plains will not apply manure to its lands if the moisture content of such manure poses a risk of creating an environment that would lead to a fly infestation. High Plains will harrow those lands on which it applies manure, provided that crops have not yet 5 {ClientA 1153\00\02029731 DOC/6} High Plains Dairy AGPROfessionals,LLC been planted on such lands or perennial crops have been established on such lands and will not be damaged by harrowing. 2. Reduce other fly habitat Standing water, weeds and grass are all prime habitat for reproduction and protection. High Plains will monitor each field and mow the grass and weeds as appropriate to control fly breeding conditions. High Plains' management of these areas where practical consists of: • Ditch burning and mowing along roadways and waterways. • Lot, pasture and roadway grading to reduce standing water. 3. Biological control Parasitic wasps are excellent biological fly control and are widely used. The wasps lay their eggs in fly larvae hindering fly reproduction. High Plains' biological control management will consist of: • Assistance and consultation by Alberto B. Broce, PhD, Professor of Veterinary Entomology of Kansas State University, through 2008 in the development of a detailed biological control plan, a copy of which will be provided to the Weld County Department of Public Health and Environment. High Plains will implement the biological control plan in 2008 and in the future, and will include the following: o Determining at the beginning of the '08 fly season, which naturally occurring wasp species is indigenous to the area. o Sourcing and in the release of the identified and selected wasp species at KSU recommended levels. o Quality control of the parasitic wasp. o Training of High Plains' personnel on fly and wasp biological control and monitoring. o Performing overall evaluation of the biological control program management. o At a minimum, High Plains will maintain the following records: (a) copies of invoices reflecting the purchase of wasps, (b) release dates for the wasps, (c) the number of wasps released on such dates, and (d) the location of such releases. High Plains continues to work with Dr. Broce on refining the details of its biological control plan and will provide the biological control plan to the Weld County Department of Public Health and Environment by no later than January 1, 2008. In addition, High Plains will present a copy of the biological control plan and the monitoring plan (Section 4 below) by January 15, 2008 to the neighbors of the dairy. At the presentation, employees of High Plains will discuss both plans and answer any questions from the neighbors. 6 {ClientA1153V00A02029731 DOC/6} High Plains Dairy AGPROfessionals,LLC 4. Monitoring Plan High Plains will monitor the effects of the biological control plan pursuant to the terms of a monitoring plan drafted by Dr. Broce. A copy of the monitoring plan shall be provided to the County by no later than January 1, 2008 and to the neighbors by no later than January 15, 2008. The monitoring plan will include the following protocols: • Monitoring the fly populations in the areas on and about the dairy, including adjacent neighbors' premises, by using traps and spot cards. • Establishing a plan of premises' inspection to determine levels of fly breeding in order to guide modifications and implementation of control tactics. 5. Baits and chemical treatments Due to environmental and worker's safety concerns, chemical treatments are a last line of defense for insect control. Baits and treatments must be applied routinely, but are generally very effective. High Plains' management of such treatments consists of • USDA and National Organic Program approved fly sprays and baits, such as Pyganic. Application levels and methods of such will be warranted by the results of the other control measures previously outlined. • Sponsor bait areas on neighbors' premises who desire conventional methods of control if the results of the organic methods previously outlined are reasonably mutually agreed upon to be satisfactorily insufficient. • Records will be maintained. 6. Records for the 2008 fly season High Plains will commit to maintaining records of all fly control activities for the 2008 fly season and make them available, upon request, to the County. In the event it is determined that nuisance conditions from pest such as flies and rodents persist, High Plains Dairy will initially increase the frequency of the housekeeping and management practices outlined previously. If further action is necessary, High Plains Dairy will increase use of USDA organically approved chemical controls and treatments, such as fly sprays and baits and Rodendicide for pest control. 7 {Client\1153v00V02029731.DOC/6} High Plains Dairy EXHIBIT 1 Composting Standards Compost Program will be managed by Al Organics of Eaton, CO, which is a local professional compost processor with an excellent reputation. The composting procedure key components will include: • Carbon to Nitrogen target ratio of 30:1 • Minimum windrow processing temperature of 131 degrees F for a minimum of 15 days • Moisture target ratio of 55% • Porosity management of the initial windrow building In addition, the Compost Program will: • Meet all applicable current and future county, state, and federal regulatory requirements • Include a Design & Operation Plan • Have STA certification • Include a documentation procedure • Ensure pathogen destruction • Include a testing procedure for finished product • Utilize best available technology in windrow production • Ensure containment control • Ensure fly minimization including parasitic wasps • Minimize odor through properly managed aerobic process • Monitor temperature and compost turning for aerobic process management {ClientAI 153V00A0202973 I.DOC/6} LAW OFFICES OF KRENDL KRENDL SACHNOFF & WAY PROFESSIONAL CORPORATION 370 SEVENTEENTH STREET,SUITE 5350 Sender's Direct Dial: CRYSTAL L.GORDON DENVER,COLORADO 80202 303-629-2653 TELEPHONE 303-629-2600 Sender's e-mail: FACSIMILE 303-629-2608 clg@krendl.com October 22,2007 SENT VIA E-MAIL to bbarker@co.weld.co.us Weld County Board of County Commissioners 915 Tenth Street P.O.Box 758 Greeley, CO 80632 RE: October 24, 2007 Show Cause Hearing—Special Use Permit- USR-1602 Dear Commissioners: For your review and in connection with the hearing scheduled on October 24, 2007, we submit this letter and the attached exhibits on behalf of Aurora Dairy Corporation d/b/a Aurora Organic Dairy ("AOD"). As instructed by the Commissioners during the September 24,2007 probable cause hearing,AOD took immediate action to comply with the directions you gave at the hearing. First, AOD notified the neighbors when AOD had scheduled fogging services and obtained their written consents to continue to fog their properties. Second, AOD hired a contractor, at its own cost, to powerwash the neighbors' residences. Third, AOD filed for the CAFO permit application and submitted to Weld County the mylar plat for the dairy. In addition, AOD updated and supplemented its Management Plan for Nuisance Control for the High Plain Dairy. AOD hired Dr. Alberto B.Broce, a professor of veterinary entomology at Kansas State University, to recommend procedures to improve fly control, and AOD incorporated his recommendations into the revised Management Plan. AOD is confident that the revised Management Plan will minimize fly infestation problems. To that end, AOD would request that the Weld County Departments of Planning and Zoning and Health re-inspect the dairy in the spring, summer and fall of 2008 to ensure that it is in compliance with the revised Management Plan. AOD respectfully requests that the Commissioners accept AOD's response and not revoke the special use permit for the dairy. Very truly yours, KRENDL KRENDL SACHNOFF&WAY Professional Cor tion Crystal L.Gordon cc: Dr.Juan Velez Dan Placke Lee F. Sachnoff (Client\1153\00102029878.DOC/} EXHIBIT LIST FOR WELD COUNTY HEARING/USR-1602 AURORA ORGANIC DAIRY 1. Copy of the CAFO permit application, and the certified registered mail receipt therefor, submitted to the Colorado Department of Health and Environment. 2. Receipt evidencing the filing of the mylar plat for the special use permit with Weld County. 3. Chart summarizing the consents received from the adjacent neighbors for fogging and powerwashing services. (This chart will be updated as of the hearing and copies of the signed consents will be brought to the hearing.) 4. Mitigating factors to consider under Weld County Regulation 2-4-50(O). 5. Summary of costs as of October 19, 2007 that Aurora Organic Dairy has spent to mitigate fly infestation problem. (An updated summary will be provided at the hearing.) 6. Summary of the Revised Management Plan for Nuisance Control. (A copy will be provided to each neighbor at the hearing.) (Clienc\I 153\00\02029925.DOC/} AURORA ORGANIC DAIRY EXHIBIT 1 CAFO PERMIT APPLICATION AM) CERTIFIED REGISTERED MAIL RECEIPT • U,S Postal Servtccr CERTIFIED MAIL RECEIPT (1Yn?nesuc frart only,No Insy'atrOe Coverage Prow:deal • .ru cIf' ery,iq,•[mffii.is.vimk•tU{r the•aitC',ar wWvl.us•.,.c rn„; F F I C 6 AL USE r oeadMaFri Fao. If; In dteemR9tanl Fecoipt Fee F 9fa t5 1Enaen ReqLaradl• . . O RaaldctedDENVery,F " an G (ENdMOsm,ni Rctyaeed) 0p' TEAS Peytaps&Seas $ .7 reA D CO l Gana Cola.Dept.of Public Health et Environment '`- arP dOX,V � Attn: Erin Kress. " Iaffy si ia,'0it 4300 Chesty Creek Dr.South Denver;CO 80246-1530 4 uynvkmvA r9 r'TnG.. .. ..uraP, Page l of 3 Chris Gathman From: Casper, Dan [Daniel.Casper@anadarko.com] Sent: Friday, October 19, 2007 10:57 AM To: George Ottenhoff; Molly Buchanan; Cody Hollingsworth; bmyhr@nobleenergyinc.com; Chris Gathman Subject: RE: Status of Cockcroft Surface Use Agreement(USR-1602) George-Thank you for the reply. Have a great trip to Europe. Upon your return let's touch base and schedule a time to meet at your office. Thanks. Dan From: George Ottenhoff[mailto:george@Ilolaw.com] Sent: Friday, October 19, 2007 10:42 AM To: Casper, Dan Subject: RE: Status of Cockcroft Surface Use Agreement(USR-1602) Dan: I am not available next week. I am preparing to leave on trip to Europe, and won't be back until November 12. George H. Ottenhoff Lind, Lawrence &Ottenhoff, LLP 355 Eastman Park Drive, Suite 200 Windsor, CO 80550 Phone: (970) 674-9888 Fax: (970) 674-9535 george@llolaw.com CONFIDENTIALITY STATEMENT: THIS E-MAIL MESSAGE AND ANY ACCOMPANYING DOCUMENTS CONTAIN INFORMATION WHICH IS ATTORNEY PRIVILEGED, CONFIDENTIAL AND INTENDED ONLY FOR THE USE OF THE ABOVE-NAMED RECIPIENT. IF THE READER OF THIS MESSAGE IS NOT THE INTENDED RECIPIENT, YOU ARE HEREBY NOTIFIED THAT ANY DISSEMINATION, DISTRIBUTION, PRINTING OR COPYING OF THIS MESSAGE IS STRICTLY PROHIBITED. IF YOU HAVE RECEIVED THIS MESSAGE IN ERROR, PLEASE IMMEDIATELY NOTIFY US BY TELEPHONE OR RETURN THE E-MAIL MESSAGE TO US. THANK YOU. From: Casper, Dan [mailto:Daniel.Casper@anadarko.com] Sent: Friday, October 19, 2007 10:04 AM To: bmyhr@nobleenergyinc.com Cc: Cody Hollingsworth;George Ottenhoff;Molly Buchanan;Casper, Dan Subject: RE: Status of Cockcroft Surface Use Agreement(USR-1602) George- Can we meet at your office at 10:00 AM on Tuesday 10/23 to discuss Cockroft Dairy? George- Please forward your office address to Barry Myhr. Thanks. Dan 10/24/2007 Page 2 of 3 From: bmyhr@nobleenergyinc.com [mailto:bmyhr@nobleenergyinc.com] Sent: Thursday, October 18, 2007 4:10 PM To: Casper, Dan Cc: Cody Hollingsworth; George Ottenhoff; Molly Buchanan Subject: RE: Status of Cockcroft Surface Use Agreement (USR-1602) I can be there, Please send Georges office address. Thank you. Berndt"Barry" Myhr, CPL Special Projects Coordinator Direct: (303) 228-4020 Fax: (303) 228-4285 NOBLE ENERGY, INC. 1625 Broadway, Suite 2000 Denver, CO 80004 "Casper,Dan"<Daniel.Casper@anadarko.com> "Molly Buchanan"<mbuchanan@vbllplaw.com>,"Cody Hollingsworth" To <chollingsworth@agpros.com>,"George Ottenhoff"<george@Ilolaw.com>, 10/18/2007 03:34 PM <bmyhr@nobleenergyinc.com> cc Subject RE:Status of Cockcroft Surface Use Agreement(USR-1602) All-Will 10:00 AM work for everyone? Dan From: Molly Buchanan [mailto:mbuchanan@vbllplaw.com] Sent: Thursday, October 18, 2007 3:27 PM To: Casper, Dan Subject: RE: Status of Cockcroft Surface Use Agreement(USR-1602) Dan, Can you make it at 10:00 a.m.? From: Casper, Dan [mailto:Daniel.Casper@anadarko.com] Sent: Thursday, October 18, 2007 2:35 PM To: Casper, Dan; Chris Gathman; Molly Buchanan; Cody Hollingsworth; bmyhr@nobleenergyinc.com Subject: RE: Status of Cockcroft Surface Use Agreement (USR-1602) Molly. George, Cody and Barry- Can we all meet at George's office in Windsor at 9:00 AM on Tuesday 10/23? 10/24/2007 Page 3 of 3 Please let me know as soon as possible. Thanks. Dan From: Casper, Dan Sent: Tuesday, October 16, 2007 3:21 PM To: 'Chris Gathman'; 'Molly Buchanan'; 'Cody Hollingsworth'; 'bmyhr@nobleenergyinc.com'; Casper, Dan Subject: RE: Status of Cockcroft Surface Use Agreement (USR-1602) Molly, George, Cody and Barry- Can we all meet at George Ottenhoffs office in Windsor on Thursday 10/18, Friday 10/19, Monday 10/22 or Tuesday 10/23? Since this is a short fuse please let me know your availability. Thanks. Dan From: Chris Gathman [mailto:cgathman@co.weld.co.us] Sent: Friday, October 12, 2007 3:29 PM To: Casper, Dan Subject: Status of Cockcroft Surface Use Agreement(USR-1602) Dan, I am checking on the status of the Cockcroft Surface Use Agreement. The applicants are in the process of finalizing the permits and I wanted to get a sense of what the status was on this agreement. Thanks, Chris Gathman,AICP,Planner II Weld County Department of Planning Services 918 10th Street,Greeley,Colorado 80631 ph(970)353-6100 ext. 3540 fax(970)304-6498 Anadarko Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. 10/24/2007 Chris Gathman From: Casper, Dan [Daniel.Casper@anadarko.com] Sent: Tuesday, October 16, 2007 3:21 PM To: Chris Gathman; Molly Buchanan; Cody Hollingsworth; bmyhr@nobleenergyinc.com; Casper, Dan Subject: RE: Status of Cockcroft Surface Use Agreement (USR-1602) Molly, George, Cody and Barry- Can we all meet at George Ottenhoff 's office in Windsor on Thursday 10/18, Friday 10/19, Monday 10/22 or Tuesday 10/23? Since this is a short fuse please let me know your availability. Thanks. Dan From: Chris Gathman [mailto:cgathman@co.weld.co.us) Sent: Friday, October 12, 2007 3 :29 PM To: Casper, Dan Subject: Status of Cockcroft Surface Use Agreement (USR-1602) Dan, I am checking on the status of the Cockcroft Surface Use Agreement. The applicants are in the process of finalizing the permits and I wanted to get a sense of what the status was on this agreement. Thanks, Chris Gathman, AICP, Planner II Weld County Department of Planning Services 918 10th Street, Greeley, Colorado 80631 ph (970) 353-6100 ext. 3540 fax (970) 304-6498 1 Page 1 of 1 Dusty McCormick From: George Ottenhoff[george@llolaw.com] Sent: Friday, October 05, 2007 3:33 PM To: Dusty McCormick Subject: Cockroft/Anadarko SUA Dusty: Late last spring Scott Cockroft asked me to review a proposed Surface Use Agreement that had been presented to him by Anadarko. I did review that Agreement, and immediately determined that it was about the most outrageous proposal I had seen yet from an oil company, most of which from experience I expect to be ridiculously one sided. I told Scott that if he signed it I would fire him as a client, and that he should not sign anything from Anadarko that I had not reviewed. In late May or early June I wrote to Anadarko telling them that the proposal was unacceptable, and sent them the attached counter-proposal. Shortly after that I began working with Dan Casper of Anadarko with regard to a Surface Use Agreement for another client on a farm Anadarko wanted to drill on. I commented to Dan about the outrageous proposal submitted to the Cockrofts, and he said that he was working on the Cockroft SUA. He said that he would like to meet with me about it, and asked me to send the counter-proposal to him. I sent the attached SUA counter-proposal to Dan on July 9, and Dan responded by saying that he would review it "and get back to [me]as soon as possible." After that we scheduled two or three meetings to discuss the SUA, but Anadarko cancelled each one of them. I have never received a response from Anadarko to the proposal I sent. George H. Ottenhoff Lind, Lawrence & Ottenhoff, LLP 355 Eastman Park Drive, Suite 200 Windsor, CO 80550 Phone: (970) 674-9888 Fax: (970)674-9535 george@llolaw.com CONFIDENTIALITY STATEMENT: THIS E-MAIL MESSAGE AND ANY ACCOMPANYING DOCUMENTS CONTAIN INFORMATION WHICH IS ATTORNEY PRIVILEGED, CONFIDENTIAL AND INTENDED ONLY FOR THE USE OF THE ABOVE- NAMED RECIPIENT. IF THE READER OF THIS MESSAGE IS NOT THE INTENDED RECIPIENT, YOU ARE HEREBY NOTIFIED THAT ANY DISSEMINATION, DISTRIBUTION, PRINTING OR COPYING OF THIS MESSAGE IS STRICTLY PROHIBITED. IF YOU HAVE RECEIVED THIS MESSAGE IN ERROR, PLEASE IMMEDIATELY NOTIFY US BY TELEPHONE OR RETURN THE E-MAIL MESSAGE TO US. THANK YOU. 10/5/2007 SURFACE USE AGREEMENT THIS SURFACE USE AGREEMENT ("Agreement") is effective this day of , 2007, 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- 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 18`h 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 "Oil Company" or"Oil Companies") and COCKROFTS BRAD AND SCOTT DAIRY, LLC ("Surface Owner") with an address of 27906 WCR 388, Kersey, Colorado 80644. WHEREAS 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"; and WHEREAS the Anadarko Entities together own all of the oil, gas and associated liquid hydrocarbons that underlie the Property; and WHEREAS UXP, Noble, PDC and Petro-Canada own certain oil and/or gas leasehold interests in the Property that each derived through the Anadarko Entities or their predecessor entities; and WHEREAS 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; 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. 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. 2. Surface Owner has developed and uses the surface estate for dairy operations. The Oil Companies acknowledge the right of the Surface Owner to develop and use the surface estate in conformance with the Weld County Zoning Ordinance and other applicable laws, rules and regulations. 3. One or more of the Oil Companies currently operate producing oil and/or gas SURFACE USE AGREEMENT 1 wells on the Property, and have permits to drill additional oil and/or gas wells on the Property. Surface Owner acknowledges the right of the Oil Companies to drill and operate oil and/or gas wells on the Property in compliance with the rules and regulations of the Colorado Oil and Gas Conservation Commission ("COGCC"). 4. The parties acknowledge that a certain Surface Owner's Agreement dated March 23, 1993 and recorded June 28, 1993 as Reception No. 2338762 of the Weld County Records was entered into by and between Loren R. Cockroft, Marilyn J. Cockroft and Scott R. Cockroft, predecessors in interest of the Surface Owner, and Union Pacific Resources Company, predecessor in interest of the Oil Companies, covering a portion of the Property. The parties hereto ratify said Surface Owner's Agreement, and agree that said Surface Owner's Agreement shall apply to all of the Property, and bind all of the parties hereto. 5. The Oil Companies agree to consult with the Surface Owner regarding the locations of drilling sites, production facilities, roads and flow lines so as to minimize interference with Surface Owner's use of the surface estate, and the parties shall agree on such locations. 6. Locations of pipelines and flowlines may be changed by mutual agreement of Surface Owner and the appropriate Oil Company or Oil Companies; provided, however, that all costs and expenses of such relocations shall be borne by the party which requests the relocation. Pipelines shall be for the exclusive use of oil and gas production operations on the Property only. Without the prior written consent of the Surface Owner, no drilling operations of any type shall be conducted, and no equipment shall be installed, by the Oil Companies or any of them, which will interfere with any irrigation or drainage system presently or hereafter installed on the Property. 7. The Oil Companies agree to install cattle guards and culverts where necessary and reasonably required by Surface Owner. 8. Prior to beginning operations for drilling each well after the date hereof, the respective Oil Company will pay Surface Owner the sum of $7,500.00 as payment for all detriment, injuries and damages to the surface arising from the use of the well location, flow line, tank battery and separator site, and the access road thereto. Such payments do not include any damages to the personal property, including livestock, crops or other property of Lessor, nor do they constitute payment for damages caused by subsequent operations, such as reworking or refracing a well, or repairing or replacing a flow line. Lessor shall have the right for fair and just compensation for all such other damages. 9. The Oil Companies acknowledge that the surface is used by Surface Owner and its lessee as an organic dairy producing organic milk. The Oil Companies agree that they will not bring onto or use on the Property any substance that might cause the loss of certification of the Property as an organic dairy. The Oil Companies shall be strictly liable to the Surface Owner and SURFACE USE AGREEMENT 2 its lessee for any and all damages they may suffer from a loss of organic certification caused by substances brought onto or used on the Property by, or by actions of, the Oil Companies. 10. Nothing in this Agreement is intended to 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 or among the Oil Companies. Nothing in the Agreement creates any leasehold rights or gives any mineral rights to an Oil Company where none exists. The liability of the Oil Companies to perform any obligation hereunder or to comply with any agreement included herein or with any 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. 11. This Agreement 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. 12. 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, except as specifically provided in this Agreement. 13. 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. 14. 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 law provisions. 15. The parties have participated jointly in the negotiating and drafting of this Agreement. In the event an 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. 16. 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; the remainder, however, 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 SURFACE USE AGREEMENT 3 effect shall be limited to the longest period allowable which does not cause such part to be unenforceable or in conflict with applicable laws. 17. This Agreement sets forth the entire understanding among the panics 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. 18. This Agreement may be executed on counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. 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 PETRO-CANADA RESOURCES, INC. CORPORATION By: By: Name: Name: Its: Its: SURFACE USE AGREEMENT 4 COCKROFTS, BRAD & SCOTT DAIRY, LLC By: Name: Its: ACKNOWLEDGMENTS STATE OF COLORADO ) ) ss City and County of Denver ) The foregoing instrument was acknowledged before me this day of 2007 by as for 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 2007 by as for ANADARKO LAND CORP. Witness my hand and official seal. My Commission expires: SURFACE USE AGREEMENT 5 Notary Public STATE OF COLORADO ) ) ss COUNTY OF The foregoing instrument was acknowledged before me this day of 2007 by as for UNITED STATES EXPLORATION, INC. Witness my hand and official seal. My Commission expires: Notary Public SURFACE USE AGREEMENT 6 STATE OF COLORADO ) ) ss COUNTY OF The foregoing instrument was acknowledged before me this day of 2007 by as for NOBLE ENERGY PRODUCTION, 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 2007 by as for PETRO-CANADA RESOURCES, INC. Witness my hand and official seal. My Commission expires: Notary Public STATE OF COLORADO ) ) ss COUNTY OF WELD) The foregoing instrument was acknowledged before me this day of 2007 by as for COCKROFTS BRAD & SCOTT DAIRY, LLC. SURFACE USE AGREEMENT 7 Witness my hand and official seal. My Commission expires: Notary Public SURFACE USE AGREEMENT 8 EXHIBIT I to Surface Use Agreement effective , 2007 among Anadarko E&P Company LP, Anadarko Land Corp., United States Exploration, Inc., Noble Energy Production, Inc., Petro-Canada Resources, Inc., Petroleum Development Corporation and Cockrofts Brad & Scott Dairy, LLC Township 6 North, Range 64 West Section II: All Weld County Colorado SURFACE USE AGREEMENT 9 AURORA ORGANIC DAIRY A+ PRO CAFO T 1 FO A APPPPLICATI0N COMPLETE LAND & RESOURCF SOLUTIONS • October 5,2007 Colorado Department of Public Health and Environment WQCD-PE-B2 Attn:Erin Kress 4300 Cherry Creek Drive South Denver, Colorado 80246-1530 Subject: CBS/High-Plains Dairy Application for Permit COG-931000 Dear Mrs. Kress Enclosed is a permit application for a general permit for animal feeding operations(COG- 931000)for CBS/High-Plains Dairy, CBS/High-Plains Dairy is a new facility constructed last year near Gill,CO. There are a few structural components such as a spillway and depth gauge that still need to be constructed. Once these components are complete we will submit an Appendix A prior to the facility commencing operation. A nutrient management plan has been completed and is being implemented. AGPROfessionals is representing CBS/High-Plains Dairy. Please direct all correspondence regarding the application to both parties. lfyou have any questions please don't hesitate to contact me. Sincerely, Travis Hertneky,EIT Ag Engineer Enclosure: Permit application Cc: Scott Cockroft,CBS Dairy Juan Velez,Aurora Organic Dairy • ENGINEERING, SURVEYING, PLANNING & CONSULTING 4350 Highway 66.Longmont,CO 8O504 970335.9318/office• 303.485.7838/metro.970.533.9854/fax■ wwww.agpros.com AEFP.O(<v.AvnI,(J Water Quality Control Division Colorado Discharge Permit System APPLICATION TO BE CERTIFIED UNDER A GENERAL PERMIT FOR CONCENTRATED ANIMAL FEEDING OPERATIONS (PERMIT No. COA-931000) • This application is for use after June 30,2004 by an operator of any new,or existing and currently operating Concentrated Animal Feeding Operation(CAFO),except those that: 1)area"Housed Commercial Swine Feeding Operation",as that tarn is defined at 25.8-50I(2)(6), Colorado Revised Statutes;or 2)the discharge is to waters of the state for which there is an applicable control regulation that limits the quantity or concentration of total phosphorus or total nitrogen in discharges. WATER RIGHTS The State Engineer's Office(SEO)has indicated that capture and retention of precipitation and SWIM water has the potential for material injury to a water right. As a result,the SEO needs to determine that material injury to a water right will not occur from such activities. Should there be any questions on the issue of water rights,the SEO can be contacted as follows: Colorado Division of Water Resources 1313 Sherman Street,Rm.818 Denver,CO 80203 (303)866-3585 It is important to understand that any Colorado Discharge Permit System(CDPS)permit issued by the Division does not constitute a water right. Issuance of a CDPS permit does not negate the need to also have the necessary water rights in place. It also is important to understand that even if the operation has an existing CDPS permit,this is no guarantee that the proper water rights are in place. STORMWATER GENERAL PERMIT Please note that a certification under a Stonnwater General permit is required from the Division if construction of your facility,or parts thereof,disturbs one or more acres in total land area. Information about such a certification can he obtained by calling(303)692-3517. jt.EGULATION NO.St-GROUNDWATER PROTECTION REQUIREMENTS As a reminder.CAFOs must provide for groundwater protection per Colorado Water Quality Control Commission Regulation No.81(Reg. 81). These requirements are not included in a CAFO permit and must be complied with by CAFO operators separately from their permit. Reg.81 requires operators to have available documentation prepared by a Professional Engineer(P.E.)registered in the State of Colorado certifying that the provisions of section St-5(2)have been met and stating what constitutes each constructed liner. For impoundments constructed prior to June 30,2004,such documentation shall be available no later than April 13,2006. For any impoundment constructed by an operator on or after June 30,2004,such documentation shall be available at least 30 days prior to wastewater entering the impoundment. Refer to Reg.81 for additional requirements,such as submitting to the Division,a Standard Operating Procedure for manure removal from impoundments GENERAL INSTRUCTIONS Application Due Dates; At least oat hundred and eighty(180)days prior to the date the operator wishes to be certified to discharge wider the general permit.or the expiration date of an existing permit if the operator seeks to continue with permit coverage,the operator of the AFO or CAFO shall submit an application as provided by the Division. Permit Fee DO not send any payment with this application. You will be billed following yotu certification under the general permit. Application Completeness: All items of the application must be completed accurately and in their entirety or the application will be deemed incomplete,and processing of the permit will not begin until all information is received. If you have questions on completing this application,please contact the Division at(303)692-3500. One original of the completed application shall be submitted. Completed applications must be submitted by either mail or hand-delivery to: Colorado Department of Public Health and Environment Environmental Agriculture Program SF42 4300 Cherry Creek Drive South Denver,Colorado 80246-1530 Application for COA-931000 1 of 5 Created on]0/5/2007 r. ref �7;—:r�}L r3i�tr a-(P.E17 7,14 r� I ' 1 'r�.�'i7 APPLICATION TO RE CERTIFXEA ry AC UNDER THE GENERAL PERMIT FOR Itj tie 5 �i ANIMAL FEEDING OPERATIONS DATE DECEIVED STAMP COLORADO DISCHARGE PERMIT No.COA-931000 GENERAL INSTRUCTIONS: • Type or print legibly. • If item is non-applicable to facility,please indicate so in appropriate section. • Label each attachment/drawing with the name of the attachment/drawing and the name of the CAFO facility. L Application Type: New El Expanding O Amendment O Conversion(re-certification from previous general permit) ❑ H. Permit Applicant Information: A) Facility Name: CBS DAIRY/HIGH PLAINS DAIRY Mailing Address(e.g.,P.O.Box or County Road address): _28520 WCR 72 City,State,Zip:_GILL,CO 80624 B) Facility Owner: Cocicrofts Brad&Scott Dairy.LLC Mailing Address,City,State,Zip: _27906 CR.388,Kersey,CO,80644 Phone Numbers: (Office) (970)353-3299 - (Cell) (970)371-6616 E-mail:_cashcowz@itilink.com Fax:_(970)356-5388 C) Facility Operator(if different): AURORA ORGANIC DAIRY Mailing Address,City,State,Zip:,_7338 Hwy 66,Platteville,CO 80651-9008 E-mail:_bameyl@auroraorganic.com Fax: (970)535-4589 Phone Numbers: (Office) _(720)564-6296 (Cell) _(303)709-0750 I)) On-site Contact Person(if different): Barney Little E-mail: barneyl@auroraorganic.com Fax: (970) 535-4589 Phone Numbers: (Office) ,_(720)564-6296 (Cell) _(303)709-0750 Application for COA-931000 2 of 5 Created on 10/5/2007 III. Location and Site Information: A) Facility Location(e,g., 13270 Weld County Road 35, Weld County): 28520 WCR 72 GILL,CO 80624 B) Latitude/Longitude coordinates at entrance of production area. North American Datum 1983(NAD83)is preferred for collecting coordinates electronically with a GPS unit If a different datum is used,please specify below. When coordinates are acquired from a map,provide the corresponding datum information N40°30' 29.16" W104°31' 1.2" C) Legal Description: (NE)(SE)(NW)(SW)Quarter,of the(NE)(SE)(NW)(SW)Quarter,of Section_11_, Township_7_1i(5), Range_65_(E) Attachment A: Location Man A map(USGS topographic map with 1:24,000 scale or 1.50,000 scale,or another topographic map of similar accuracy)that illustrates the following: 1) location and outline of production areas and land application sites 2) location and depths of functional wells,including monitoring wells,within one-half mile radius of the center of the production areas 3) name and location of public roads located within 1.0 mile of the production areas 4) the name and location of the surface water(s)that will receive the discharge(s)from each retention structure. Attachment B: Site Plan A site plan of the production area(s)that includes the locations of and,where appropriate,names of- 1) drainage patterns from the production areas 2) buildings(covered buildings or sheds,milking parlors,office,etc.)(label office,milking parlors,confined production buildings,egg washing buildings, and other significant"structures) 3) manure storage areas(label) 4) composting areas(label) 5) impoundments and wastewater tanks(label) 6) piping to impoundments and wastewater tanks 7) transfer piping between impoundments,wastewater tanks,manure separation systems,pens,and lift stations 8) berms(including run-on diversion berms)(label) 9) process wastewater conveyances(label) 10) indicate the location of the 100-year floodplain that exists, in whole or in part,within the production area 11) location after each impoundment or wastewater storage tank where a planned discharge to waters of the US will occur and where effluent samples will be collected 12)pens(label) 13)lift stations(label) 14)tanks(label) Application for COA-931000 3 of 5 Created on 10/5/2007 IV. Design and Discharge Information: A) Specific information about type and maximum number of animals that will be confined at the end of any month: Cattle_50 calves/heifers_Sheep/lambs Horses Dairy Mature: 4500 Dairy Heifers(where solely occupy site): Veal Calves: Swine(over 55 lbs): Swine(under 55 lbs.): Laying hens or broilers(with liquid manure system): Laying hens(other than liquid manure system): Chickens other than laying hens(other than liquid manure system): Other(including Ducks): B) Total capacity of process wastewater storage(not including solids separating basins): _53 (acre-feet) C) Type of wastewater management system(not including solids separating basins)(indicate the number of each): _2_Single-stage retention pond Two-stage retention ponds Three-stage retention ponds Above ground holding tank Below ground holding tank Under floor pit Evaporation pond(designed for 10-year period of maximum rainfall) Other(please describe): D) Type of manure containment Roofed storage shed Impervious soil pad Concrete pad _-X_Stockpile _X_Composting Pen storage Other V. Certification of Design Calculations,Drawings,and Specifications A) Existing facilities. Using Appendix A attached hereto,submit a certification by a professional engineer(RE.) registered in Colorado as to design calculations,drawings,specifications,tables,and other relevant documents as required under 6l.I7(5)(dXix). In addition,please include a summary table providing the following information: 1)impoundment name;2)impoundment volume at two feet of freeboard or other approved freeboard level;3)impoundment volume at spillway or impoundment overflow level;4)volume of runoff from area tributary to impoundment;and 5)the storm event(25-year,24-hour or Chronic)for which each impoundment was designed(that is,the storm event from which an impoundment will receive the greater volume of runoff). )3) New facilities Submit the certification and summary table specified in V.A)above at least 60 days prior to the time the operator desires permit coverage. The balance of the penult application must be submitted at least 180 days prior to the time the operator desires permit coverage(for example,prior to the time the operator desires to place animals on the operation). Application for COA-93 WOO Created on 10/52007 4 of 5 VI. Wastewater and Manure Management Information: A) Total acres of land application sites owned by or under the control of applicant. 462 acres(pasture& sprinkler) B) Gallons of process wastewater produced per year(estimate): 61.5 AC-FT(Land Applied)(20, MILLION GAL) C) Disposition of wastewater(indicate%of total production): _0 Released to third parties D) Tons of solid manure produced per year(estimate): 25,000 @ 46%Moisture B) Disposition of solid manure:(indicate%of total production) _100%_Released to third parties VII- Attachment A: Precipitation Recording Information Submit a Standard Operating Procedure for measuring and recording precipitation. VIII.Alternative Performance Standards: If requesting alternative performance standards,provide the information required in subsection 61.17(7)of Colorado Water Quality Control Commission Regulation No.61—Colorado Discharge Permit System Regulation (Reg.61),and any additional information requested by the Division pursuant to subsection 61.4(1)(k)of Reg.61. IX. Additional Certification Requtremants: By signing and submitting this application for coverage under the General Permit for Concentrated Animal Feeding Operations(Permit No.COG-931000),the applicant certifies the following: 1)that the CAFO facility is not a "Housed Commercial Swine Feeding Operation",as that term is defined at i25-8-501(2)(b),Colorado Revised Statutes;or 2)the discharge is not to waters of the state for which there is an applicable control regulation that limits the quantity or concentration of total phosphorus or total nitrogon in discharges;and 3)that design calculations, drawings,specifications,and other relevant documents required in section 61.I7(Sxd)(ix)of Reg.61 are available at the location identified in Section OLA.of this application or another site agreed to by the Division and will be provided to the Division upon request. X. Signature of Millicent: "I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gathered and evaluated the information submitted. Based on my inquiry of the person or persons who manage the facility,or those persons directly responsible for gathering the information,the information submitted is to the best of my knowledge and belief,true,accurate,and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations?' tare of Applicant Date Signed O Qin S. veer- U . • ;star" otpent.Con.S Name(printed) Title Application for COA-9M 000 5 of S Created on 10/3/2007 ■� AGPRO ■' COMPLETE LAND Sc RESOURCE SOLUTIONS Pond Capacity Certification Facility Name-CBS Dairy October 4th,2007 Desii zt Total Volume at Volume W/2ft Emergency Contributing Runoff from Applicable Pond freeboard Spilhay Crest watershed Area Tributary Amino Storm 10yr-10day West Storage 26.53 ac-ft 30.9 ac-ft 22 acres 6.01 ac-ft Storm Event Pond 4.21" 25yr-24hr East Storage 26.53 ac-ft 30.9 ac-ft 56 acres 12.38 ac-ft(2) Storm Event Pond(I) _ 3.40" Total 53.06 ac-ft 61.8 ac-ft 78 acres 18.39 aoft Notes: 1. Storage capacity for compost area is maintained in East Pond 2. Includes 35ac compost area runotfvolume of 6.82 ac-ft 3. Compost area must be pumped dry within 48 his of storm event To the best of my knowledge I certify that the below referenced ponds are constructed to the current requirements of Colorado Department of Public Health and Environment regulation 61.17. Calculations were completed under my direct supervision Wayne E. Eckas, P.E. ENGINEERING, SURVEYING, PLANNING & CONSULTING 4350 Highway 66■Longmont,CO 80504 970.535.9318/office. 303.485.7838/metro a 970.535.9854/fax a www.agpros.eom AGFRMMNbq LLC I (w� "-- �,,.--- I` 1 \ ��; .� „/"-- `� .. ll ./ 4 i _._� _ it ' `11 /...." N--___ ,/,' :::jlk.9- ‘....renZzl 1-�..J �"'--�- ..J /') 4 ter-_- 1. _- irl i! . .\\C‘...-.1_1, iii C • l' 4. a / � . \�► A� 5 • . . •r — . ( I N •N K).1 d `' � _ 1 �a1 ♦r`�1 ) , • l ` ,,, ,.- 4 !f 2! 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Kwu mx <350flil^'9Y 60.W I .ao.mmacxaum �- (9'+0)535-9318•fax:(576)31,14s4 Attachment A Standard Operating Procedure For Precipitation Measuring and Recording The Colorado Department of Health&Environment General Permit for CAFOs requires that each permitted facility to implement a standard operating procedure per Subsection 61.17(5),Proposed Subsection(c)(xi)for measuring and recording precipitation at the permitted facility. General One precipitation gauge will be located at the facility. It will be installed where there will be no obstruction of precipitation reaching the gauge. The gauge is constructed and calibrated to measure precipitation to 0.1 inch and has a capacity of at least 5.0 inches. The gauge will be located near the office. Inspection Each rain gauge is inspected on a routine basis(monthly)to ensure: I)it is securely mounted and in proper working order,i.e.,no cracks or breaks;2)there is nothing obstructing the opening that would prevent precipitation from entering the gauge;and,3) that any foreign material inside the gauge is removed.The inspection will be documented on the Facility Inspection checklist. Each time a precipitation measurement is taken each rain gauge will be observed for cracks,breaks or anything else that would prevent an accurate measurement. Measuring and Recording When a precipitation event begins an authorized person will record the date and time. Each gauge shall be read at the end of each precipitation event or at least every 24 hours during long precipitation events. Each time a measurement is taken,the following information is recorded: 1. Date 2. Beginning and ending times of precipitation event(or amounts every 24 hours during long precipitation events) 3. Amount of precipitation to the nearest 0.1 inch, including snow. After the measurement is taken and information is recorded,the precipitation will be poured out of the gauge and placed back in its mount. Recordkeepiug Requirement; All precipitation measurements will be recorded on the precipitation log in the facilities' record keeping book. This information is to remain on-site for 5 years and be available for inspection and copying by the Director of Colorado Department of Health& Environment and/or authorized representatives. • AURORA ORGANIC DAIRY EXHIBIT 2 RECIEPT FOR FILING MYLAR PLAT WELD COUNTY,COLORADO • DEPARTMENT OF PLANNING SERVICES 918 19r'STREET 'iREELEY,Ct'80631 lrP�H/ONE:970.353-6100! EX''. 35401 FAX:970-304-6498 Date: 1(�/1 L' 20r( I7 Receipt No. c1 4 2 1 6 Received From: FYI it 14U'rel ie rte l�� _ S&rrui e • Permit Type No. .Descripti on. Fee • • 4221-RE/SE ' 4221-ZPMH 4221-USR • 14221-SITE PLAN REVIEW • 14221-CHANGE OF ZONE IF-4221-PUD • 4221-MINOWMAJOR SUB • #OF BUILDABLE LOTS I - • .-.- 4221-ADDITIONAL.30% FEE FOR SUB's • 4221-RE-SUBDIVISIONS • 4221-BOA 4221-FHDPJGH0P . 4430-MAPS/POSTAGE ' 4430-COPIES 4730-INVESTIGATION FEE { 8560-RECORDING FEE ay, -/�nf t`' 3 MISC. fit/- OCASH Itt/HECK NO, (J��a -... TOTAL.FFE Receipted By:K.Kai° '1,' V 21/16 DL# Exp. AURORA ORGANIC DAIRY EXHIBIT 3 SUMMARY OF CONSENTS Neighbor Consent to Fogging Consent to Powerwashing Jim Noah Yes No Dennis Speicher Yes Pending Henry Shelley Yes Yes Ryan Reinick Yes Yes Myron Phinney Yes Pending Tom Shaw Yes Yes Tommy On Yes No Duane Mix Yes Yes Dave Rady Yes Pending Dave Blomquist Yes Yes Randy Kniffen Yes Yes Jim Wolfrum Yes Yes Stan Rogers Yes Refused/Objected Steve and Debbie Pirera Yes Pending Kyle Donlan Yes Yes (oral) Laurie Phinney Yes Pending Brad Peter Yes Pending Edina McKinney Yes Yes Jeff Adams Yes Yes [Client\1153100\02029931.OOC!) AURORA ORGANIC DAIRY EXHIBIT 4 FACT SUMMARY • AOD has operated dairies in Weld County since 1980, and during that time it has not had any material violations. This incident is the most serious and has been treated as such by the company. • As of the hearing on September 24, 2007, AOD had not fulfilled two conditions set forth in the approved Special Use Permit, namely the recording of the special use plat and obtaining the CAFO permit. The plat had not been filed because the landlord had not resolved the scope and the terms of an oil and gas easement on the property. However, the parties resolved the issues related to the oil and gas easement, and AOD submitted the plat to Weld County for recording on October 5, 2007. (See Exhibit 2). Further, AOD submitted an application for a CAFO permit on October 5, 2007. (See Exhibit 1). However, the CAFO permit cannot be issued until the State of Colorado completes its rewrite of the regulations. • AOD did not willfully fail to complete the conditions set forth in the Special Use Permit. The mylar plat and the CAFO permit application were not filed as of the September 24, 2007 hearing because of the reasons set forth above in the preceding paragraph. • AOD has revised its nuisance control plan. (See Exhibit 6). In connection with the revised nuisance control plan, AOD would voluntarily propose additional inspections at the dairy in the spring, summer and fall of 2008. • The fly infestation was not a result of malfeasance by AOD. The fly infestation problem resulted from inexperienced employees at the High Plains Dairy and growing pains experienced by the company as it expands its operations in Weld County. The stalls at the dairy were not the source of the fly infestation problem. The fly infestation problem was an isolated event concerning one field at the dairy. • Upon learning of the fly infestation problem, AOD promptly and actively tried to mitigate the problem. AOD has tried to work with its neighbors adjacent to the dairy to determine how it could mitigate the problem. To that end, AOD conducted aerial spraying, fogging and reimbursed the neighbors for chemicals and traps used to eradicate the flies at their residences. (See Exhibits 3 and 5). • AOD has cooperated with the various Weld County officials. The lawyers for AOD promptly met with the Weld County Department of Planning and Zoning and other county officials on October 9, 2007. [Client\l 153\00\02029931.DOC/I • The Department of Public Health and Environment did not state that the fly infestation was a public health problem in the Case Summary prepared by the Department of Planning Services and provided to the parties prior to the September 24, 2007 hearing. Furthermore, no persons at the September 24, 2007 hearing made statements that the fly infestation problem was a public health issue. (Client\1153\00\02029931.DOC/J r (3.). fr [ K U \ k \ ( } k \ / { ( } k \ o O Ow Ow O \ � \ § \ k \ / • E \ k \ k E § _ § ) 0O ? 2 _• § 15 / § ± §. I § / § � § § § 0 ® § 6q 0 ` G ° - } - O -a a a a J 69 - GO « ` § ■ \u CC CO ■ 2 2 { 2 { ® { k _ ( / \ \ \\ \\ ) § § 0 0 0 {Co\ J , \ ca « iii "i - D ! \ \ \ ) \ - ) \ O = —CC EC (\\ k k .0 ) ) \ Ei ' ) 2 § ■ § &&* ) _0 \ ) CC #/// } 2 § 0 kk k { § AA ) e # } 25 kJ } 2 04 0- coo ) \ ) w n 8 EYu - § ) c5 _ ft22 f , \ @ � co »22 2 -J a ■ ff \ / ) J {) ) /\ 0) cc I— ) § \ 2 § ( j ( ) k \ ) } } { k § 0 0 0 0 0 ° - 0 U.Z 000 0000 ) 0 3 § \ « 0 a a0 0 - 0 2 § @@q CO § ill B's a a , a aaa , a & M. CI O N 0 0 0 0 0 1!) Ni. pp LO a O V r a O D) N N N 0 O CO 0000010 0 V H CO C? 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O E a) m 0 O m m CO U m m m `m 0m >. tiN � m 2 2 2 J2 LL :c :ca N N in .N-� N a2 '`00 o o C C T.� m C C m a a Nis a 5 = = = rymm .-0 in M 0 N V) CO 0 Z Z E E 0 `5 E E c c c m e 0 c c c m m 0 0 CO Ca "@ a' 'm 'm am W m & m -» Z' 0 ' ' c d m vvdvd0wa cc 15d LL a. cc ) 'm6ccm .C , m m L Ca L a a'.C C E E E N N _ in � N N OY Q TM O)2^ CA ) O) m m m N a( CC m m 01 Q Ca Im m O S m Q Q = Q 2 Q 0 2 7 LL LL LL Z Z m m o Z Z a. N O N co M d' N- N co f'- O CD On 001 M 0) } NCOCOO OM r 0) coN 0 N CI CD O0N) (000 MN . CC O cOcQ C) 0 OOO CON LO N R ¢ O Q n ,_ N N' UOat M M M N N N � N N ?• 2 ¢ O 0 0 0 0 0 0 0 0 0 n n 0 0 0 n ^ 0 0 0 0 O 080000000 88888880000 N N N N N N c N N N N N N N N N N N N N N \ \ \ \ \ \ a a NN CCOM --,5- -- � O � C07 � NN � N � � • 0) \ \ \ 0) \ \ 0 W n C p O) \ 0 0 0 0 co W mmm0) M O) n Co\ CD T- 11.1 0 AURORA ORGANIC DAIRY EXHIBIT 6 SUMMARY OF THE REVISED MANAGEMENT PLAN SUMMARY OF THE REVISED MANAGEMENT PLAN FOR NUISANCE CONTROL PREPARED BY AURORA DAIRY CORPORATION WITH ASSISTANCE FROM AGRPROFESSIONALS, LLC AND DR. ALBERTO B.BROCE,PH.D. OCTOBER 2007 [Client\1153\00\02029826.DOC/} The information set forth in this document summarizes the new provisions added to the revised Management Plan for Nuisance Control that Aurora Dairy Corporation submitted to Lauri Exby of the Weld County Department of Planning and Zoning on October 19, 2007. Randy Checketts of Aurora Dairy Corporation provided the neighbors of the dairy with a copy of the revised Management Plan on October 20, 2007. The chart set forth below highlights the new procedures in the revised Management Plan for Nuisance Control, which Aurora Dairy Corporation will implement to control nuisances, specifically with respect to flies. In addition to revising the fly control procedures of the revised Management Plan, Aurora Dairy Corporation hopes to improve the air quality at the dairy by working in cooperation with Dr. Jessica Davis of Colorado State University. The company will participate in an on-farm research project to improve dairy farm related air quality by studying the air quality affects of different air flow patterns in and out of dairy barns. The company will apply any new techniques learned during the research project. Aurora Dairy Corporation has also revised the Management Plan to provide for the application of products, such as liquid magnesium chloride, which will mitigate the excess dust that results from increased dairy traffic. Application of products, such as liquid magnesium chloride, are designed for maximum control of dust and provide additional benefits, including, cleaner air, smoother driving surfaces, and greater safety due to enhanced visibility. REVISED FLY CONTROL PROCEDURES Terms of the Prior Management Plan Revised Management Plan for Nuisance for Nuisance Control Control Regular manure removal and Regular manure removal,lot composting: management and composting. High Plains manure management consists of: - Manure management removes both - Routine lot harrowing—generally every food sources and habitat. other day. - Routine lot scraping—generally once a month. - Routine vacuuming—generally twice a day. - Removed manure is windrowed to facilitate drying. - Parlor flushing with effluent separated through a liquid/solid separator. o Separated solids are combined with the removed lot manure (Client\1153100 02029826.DOC/} Terms of the Prior Management Plan Revised Management Plan for Nuisance for Nuisance Control Control and windrowed. o Separated liquid is used as irrigation water. - The windrowed manure moisture content is decreased by windrow turning. High Plains will enhance this process by utilizing a compost turner. - The manure and compost inventory will be kept to a minimum in conjunction with the land application availability during the year and the requirements for High Plain's crop and pasture plan. - The application of the manure and compost inventory to the land will be monitored for moisture content. If moisture levels warrant, the land will be harrowed after application to facilitate further drying of the manure and compost. Minimize fly habitat by: Reduce other fly habitat by: - Standing water, weeds and grass, - Standing water, weeds and grass, are all manure stockpiles,etc., are all prime prime habitat for reproduction and habitat for reproduction and protection. protection. High Plains' management Reduce or eliminate these areas where of these areas where practical consists practical. of: o Ditch burning and mowing along roadways and waterways. o Lot, pasture and roadway grading to reduce standing water. Biological treatments by: Biological control by: - Parasitic wasps are excellent biological - Parasitic wasps are excellent biological i fly control and are widely used. The fly control and are widely used. The wasps lay their eggs in fly larvae wasps lay their eggs in fly larvae hindering fly reproduction. hindering fly reproduction. High Plains' biological control management �J ill consist of: C > Assistance and consulting by Alberto B. Broce, Ph.D.,Professor Veterinary Entomology of Kansas State University through 2008 in: (Client\1153\00\02029826.DOC/1 - s Terms of the Prior Management Plan Revised Management Plan for Nuisance for Nuisance Control Control o Determining at the beginning of the 08' fly season, which naturally occurring wasp species is indigenous to the area. o Sourcing and in the release of the identified and selected wasp species at KSU recommended levels. o Quality control of the parasitic wasp. o Monitoring of fly populations in the immediate area including adjacent neighbors' premises by using traps and spot cards. o Training of High Plains' personnel on fly and wasp biological control and monitoring. o Establishing a plan of premises' inspection to determine levels of fly breeding in order to guide modifications and implementation of control tactics. o Performing overall evaluation of the biological control program management. Baits and chemical treatments by: Baits and chemical treatments by: - Due to environmental and worker's - Due to environmental and worker's safety concerns, chemical treatments safety concerns, chemical treatments are a last line of defense for insect are a last line of defense for insect control. Baits and treatments must be control. Baits and treatments must be applied routinely. However, they are applied routinely,but are generally very very effective. Rodent control at High effective. High Plains' management of Plains Dairy is best achieved by such treatments consists of: minimizing spillage of feedstuffs around the operation. Good o USDA and National Organic housekeeping practices and regular Program approved fly sprays feedbunk cleaning, site grading and and baits, such as Pyganic. maintenance are used to reduce feed Application levels and methods {Client\1153\00\02029826.D OC/) Terms of the Prior Management Plan Revised Management Plan for Nuisance for Nuisance Control Control sources. Rodent traps and chemical of such will be warranted by the treatments are effective control results of the other control methods and will be used as necessary. measures previously outlined. o Sponsor bait areas on neighbors' premises who desire conventional methods of control if the results of the organic methods previously outlined are reasonably mutually agreed upon to be satisfactorily insufficient. — --- — ClienAl 153\00\02029826.DOC I) Page 1 of 1 Chris Gathman From: Chris Gathman Sent: Tuesday, September 04, 2007 4:08 PM To: TrevorJiricek Subject: USR-1602 (Cockcroft/Aurora Dairy) Trevor, I talked to Randy Checketts—General Manager at Aurora Dairy. He verbally indicated that they were operating at about 3,200 head. The amount allowed under Use by Right is 2,364 head (based on their size of parcel at 591 acres). I have a land use hearing tomorrow morning. Will be available prior to that in the morning and later on in the afternoon. Chris Gathman,AICP,Planner II Weld County Department of Planning Services 918 10th Street,Greeley,Colorado 80631 ph(970)353-6100 ext. 3540 fax (970)304-6498 09/04/2007 • • Page 1 of 1 Chris Gathman From: Trevor Jiricek Sent: Thursday, August 30, 2007 11:13 AM To: Chris Gathman; Laurie Exby Subject: RE: USR-1602 (Cockcroft Dairy) Chris, Probably a good idea although I got the impression from Tom Haren that the dairy was gonna get serious about fly control including spraying the neighbors for free, etc. I'll forward you the emails so you know whats been going on....Laurie, can you coordinate with Chris? 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) From: Chris Gathman Sent: Thursday, August 30, 2007 10:28 AM To: Trevor Jiricek; Laurie Exby Subject: USR-1602 (Cockcroft Dairy) I just spoke to a Jimmy Wolfrum. He lives across the street (across CR 57)from the Cockcroft Dairy site. He extended an open invitation to Planning & Public Works to look at the fly issue he has been dealing with. He said he had spoken with the operators of the dairy and that they admitted they had not been implementing the fly control measures outlined in the USR-1602 nuisance management plan. He indicated that some of his neighbors had already contacted the Health Department re: this. At this point Cockroft Dairy USR has not been recorded (they have 120 days to record the plat). They have until November to record the plat. Didn't know if anyone had been out there yet or not. I was wondering if we should coordinate a site visit to the Wolfrum property. Let me know what you think. Sincerely, Chris Gathman Planner II Weld County Department of Planning Services 918 10th Street Greeley, CO 80634 • 8/30/2007 . • Page 1 of 2 Chris Gathman From: Trevor Jiricek Sent: Thursday, August 30, 2007 11:14 AM To: Chris Gathman Subject: FW: PR work See below concerning Aurora (I'm assuming were talking about the same place?) 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) From: Tom Haren [mailto:tharen@agpros.com] Sent: Wednesday, August 29, 2007 7:24 AM To: Trevor Jiricek Cc: Barney Little; Juan Velez; Olivia Hickert; Travis Hertneky Subject: FW: PR work Trevor, Thanks for the call and we'll keep you informed of what's happening in the neighborhood. Sincerely. Thomas Haren AGPROfessionals, LLC From: Barney Little [mailto:BarneyL@auroraorganic.com] Sent: Wednesday, August 29, 2007 6:50 AM To: Randy Checketts Cc: Juan Velez;Tom Haren Subject: RE: PR work This interaction with the neighbors is very necessary. We do want to be good neighbors. Thanks for contacting them and please continue a dialogue with all of them. Thanks, Barney PS Tom please feel free to share Randy's email with the health department if you feel it is appropriate. Barney Little Director of Farm Resource DczTloplucnt Aurora Organic Dairy 7388 State Highway 66 Platteville, CO 80651 Office# (720) 564-6296 Ext, 468 Cc'11# (303) 709-0750 Fax# (970) 535-4589 8/30/2007 • • Page 1 of 1 Chris Gathman From: Trevor Jiricek Sent: Thursday, August 30, 2007 11:15 AM To: Chris Gathman Subject: FW: I think this is the first email I rec'd from Tom 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) From: Tom Haren [mailto:tharen@agpros.com] Sent: Tuesday, August 28, 2007 5:48 PM To: Trevor Jiricek Cc: Juan Velez; Barney Little; Travis Hertneky; Olivia Hickert Subject: Trevor, I have discussed this issue with the operators of the dairy, Dr. Juan Velez and Barney Little. Here are things currently in place: 1. They have been mowing weekly including the county road rights-of-way adjacent to their property. 2. Currently, they have minimal manure on-site 3. The pens are harrowed daily The practices above will continue. Here are things they will do additionally, 1. Aurora personnel will go around and talk to all the neighbors of High plains and adjacent Ray-Glo dairies 2. If neighbors have information or receipts for spraying, Aurora will reimburse them 3. Aurora will meet with the neighbors and discuss what would help, work out arrangements with property owners, and pay for services if that is the case. Finally, Aurora Organic Dairy is not currently using parasitic wasps at this site and it is to late to be effective this year. However, they will implement a wasp program next year. This has proven very effective on other sites. We will continue to keep Weld County and the neighbors informed throughout the remainder of this fly season. We all recognize this is a bad year and Aurora appreciates being informed. Sincerely, Thomas Haren AGPROfessionals, LLC 8/30/2007 • • Page 1 of 1 Chris Gathman From: Wendi Inloes Sent: Thursday, August 30, 2007 11:57 AM To: Ann Siron; Bethany salzman; Billie Moore; Brad Mueller; Bryon Horgen; Chris Gathman; Dennis Renley; Donita May; Frank Piacentino; Fred San Martin; GEORGE Carroll; Hannah Hippely; Jacqueline Hatch; Jill Boshinski; John Roberts; Julie Wittow; Kim Ogle; Kristine Ranslem; LIN Dodge; Maureen Connelly; Michelle Martin; Pam Kamada; PEGGY GREGORY; Richard Deakins; Robert Powell; Roger Caruso; Roger Vigil; Susan Ernst; Thomas Honn; William Ritter Subject: COPY FEES I guess that there is a State law that changes copy fees to be .25 cents. CTB is getting ready to change the code but it sounds like we can implement that change effective immediately. 8/30/2007 Cockcroft Dairy Page 1 of I Cody Hollingsworth From: Casper, Dan [Daniel.Casper@anadarko.com] Sent: Wednesday, August 29, 2007 1:13 PM To: George Ottenhoff; Molly Buchanan; Cody Hollingsworth Subject: Cockroft Dairy George and Cody-We tentatively planned to meet tomorrow, Thursday 8/30 at George's office in Windsor to discuss a Surface Use Agreement for the Cockroft Dairy property. Please be advised that we will not be able to meet tomorrow and will contact you next week to reschedule another time that is convenient for all. Thanks. Dan Anadarko Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. 10/5/2007 • • Page 2 of 2 Entail barneyl@@anroraorganicrom From: Randy Checketts Sent: Tuesday, August 28, 2007 9:59 PM To: Barney Little Cc: Juan Velez Subject: PR work Barney, I wanted to let you know that this evening I was able to get around and visit with all the surrounding neighbors. I explained that we are very concerned about the flies and told them that we want to do what we can to help them out. I told them we are willing to reimburse them for any fly control that they have had to use this summer. I also invited them to come and visit the dairy sometime to see how we operate, and then I gave everyone a business card to contact me if they have any questions or concerns. I had a really good reception from everyone and they were all very pleased that we were willing to help them out. Many of them expressed that they would much rather have the cows next to them than a housing development, one lady even showed interest in doing some secretary work if we ever needed as she lives so close to the dairy. I'll keep you posted if I hear from any of them, or when I get any reimbursement requests from them. Randy Checketts General Manager High Plains Dairy Office 970-454-2420 Cell 303-502-7523 randyc@auroraorganic.com 8/30/2007 AGPRO ■■ COMPLETE LAND 8c RESOURCE SOLUTIONS Weld Cori*j Planning Department August 24, 2007 "n 'Y OFFICE Job #1301-02 CBS USR +I. 0 9`2,007^^ Mr. Chris Gathman L M E V Weld County Department of Planning Services 918 10°' Street Greeley, CO 80631 Subject: USR-1602 Brad and Scott Cockroft Dairy, LLC Dear Mr. Gathman: This letter is to clarify the conditions of approval that need to be completed prior to recording the plat. Along with this letter, you will receive 2 copies of the draft plat for your review. I will also deliver copies of the plat, along with the appropriate conditions, to their respective departments. It is imperative that these conditions be reviewed and accepted as soon as you are able. We are making an extensive effort to complete the USR process as soon as possible. Please forward the additional information submitted with this letter to the corresponding departments for their review. Condition 1A. Lighting- We have amended the plat to reflect the lighting plan. 1. Weld County Code Section 23-2-250 are Operation Standards that the applicant must comply with during operation. a. According to Weld County Code Section 23-2-250-D-1&2 our client must protect the public and their neighbors from obtrusive light. b. The lighting has been delineated on the plat. c. The plat has been amended with an appropriate lighting detail Condition 1B. Private Improvements Agreement— We respectfully request that this condition has been met. All parking and transportation improvements have been completed. Condition 1C, D, E, and F. Environmental—We have attached the required environmental compliance documentation for review. Condition 1G. Mineral Owners/Operators Agreement—We respectfully request that this condition has been met. 1. Please see the attached correspondence with the mineral estate owners and/or assigns and AgProfessionals, LLC as well as our client's attorney. 2. This demonstrates "that an adequate attempt has been made to mitigate the concerns of the mineral owners". Condition 1H. Sheriffs Letter. —We respectfully request that this condition has been met. Please see the attached correspondence between AgProfessionals, LLC and the Weld County Sheriffs office. Condition II. Signage.—We respectfully request that this condition has been met. The plat has been amended to adhere to the sign code. Appendix 23-C and Appendix 23-D. Condition 1J. Plat. —We respectfully ask that the plat be reviewed as soon as you are able. Please contact us as soon as your review is complete so the changes can be made and resubmitted on Mylar for recordin . Cordially, Dusty McCorctick Planning and Building Coordinator cc: Trevor Jiricek, Dept. Environmental Health Don Carrot, Dept. Public Works. ENGINEERING, PLANNING, CONSULTING & REAL ESTATE AGPROfessionals, LLC 4350 Highway 66 • Longmont,CO 80504 970.535.9318/office ■303.485.7838/metro ■970.535.9854/fax■ www.agpros.com Cockroft Dairy Page I of 2 Cody Hollingsworth From: Cody Hollingsworth Sent: Thursday, August 23, 2007 9:08 AM To: 'Casper, Dan' Subject: RE: Cockroft Dairy I can make Thursday work. Cody Hollingsworth Planner/Broker AGPROfessionals LLC 720-684-7219 chollingsworth@agpros.com From: Casper, Dan [mailto:Daniel.Casper@anadarko.com] Sent: Wednesday, August 22, 2007 4:16 PM To: Molly Buchanan; Cody Hollingsworth Cc: Casper, Dan Subject: FW: Cockroft Dairy Molly and Cody-Will Thursday work for each of you? Dan From: George Ottenhoff[mailto:george@Ilolaw.com] Sent: Wednesday, August 22, 2007 3:17 PM To: Casper, Dan Subject: RE: Cockroft Dairy Thursday will work for me; Wednesday will not. George H. Ottenhoff Lind, Lawrence &Ottenhoff, LLP 355 Eastman Park Drive, Suite 200 Windsor, CO 80550 Phone: (970)674-9888 Fax: (970)674-9535 george@Ilolaw.com CONFIDENTIALITY STATEMENT: THIS E-MAIL MESSAGE AND ANY ACCOMPANYING DOCUMENTS CONTAIN INFORMATION WHICH IS ATTORNEY PRIVILEGED, CONFIDENTIAL AND INTENDED ONLY FOR THE USE OF THE ABOVE-NAMED RECIPIENT. IF THE READER OF THIS MESSAGE IS NOT THE INTENDED RECIPIENT, YOU ARE HEREBY NOTIFIED THAT ANY DISSEMINATION, DISTRIBUTION, PRINTING OR COPYING OF THIS MESSAGE IS STRICTLY PROHIBITED. IF YOU HAVE RECEIVED THIS MESSAGE IN ERROR, PLEASE IMMEDIATELY NOTIFY US BY TELEPHONE OR RETURN THE E-MAIL MESSAGE TO US. THANK YOU. From: Casper, Dan [mailto:Daniel.Casper@anadarko.com] Sent: Wednesday, August 22, 2007 12:07 PM 10/5/2007 Cockroft Dairy Page 2 of 2 To: George Ottenhoff;Molly Buchanan;Cody Hollingsworth Cc: Casper, Dan Subject: FW: Cockroft Dairy Tuesday 8/28, 2:00-3:00 PM will not work for Molly. How does either of the following work for your schedules? Wed. 8/29, 2:00-3:00 PM or Thursday 8/30, 2:00-3.00 PM In Windsor. Please let me know. Dan From: Molly Buchanan [mailto:mbuchanan@vbllplaw.com] Sent: Wednesday, August 22, 2007 11:43 AM To: Casper, Dan Subject: RE: Cockroft Dairy Dan, Tuesday is out for me. From: Casper, Dan [mailto:Daniel.Casper@anadarko.com] Sent: Wednesday, August 22, 2007 11:39 AM To: Molly Buchanan; George Ottenhoff; Cody Hollingsworth Subject: Cockroft Dairy with George this morning and we have tentatively scheduled a meeting at his office in Windsor to 1 have talked t g talk about a Surface Use Agreement. We are thinking of Tuesday, August 28, 2:00-3:00 PM. Would you please let me know if this fits your schedules? Dan Anadarko Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. 10/5/2007 Pie Charts Page 1 of 1 Cody Hollingsworth From: Casper, Dan [Daniel.Casper@anadarko.com] Sent: Thursday, April 05, 2007 1:46 PM To: Cody Hollingsworth Subject: RE: CBS Dairy Map Thanks Cody. From: Cody Hollingsworth [mailto:chollingsworth@agpros.com] Sent: Thursday, April 05, 2007 11:27 AM To: Casper, Dan Subject: CBS Dairy Map Dan, Attached is the CBS Dairy Map we discussed. Let me know if you have any questions. Thanks Cody Hollingsworth Planner AG PROfessionals, LLC 970-535-9318 office 970-535-9854 fax *Please note my E-Mail Address has changed. Please update your contact list* Anadarko Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e- mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. 10/5/2007 • • VANDERWERF & BUCHANAN, LLP ATTORNEYS AT LAW 1525 Seventeenth Street Denver, Colorado 80202 Molly Sommerville Buchanan Telephone: 303-298-9939 Mbuchanan@tvbllplaw.com Facsimile: 303-298-9944 February I, 2007 Via Telefax and Federal Express Chris Gathman, Planner Weld County Department of Planning Services 918 10th Street Greeley, Colorado 80631 Re: Cockroft Dairy LLC Site Specific Development Plan and Special Review Permit AmUSR-1602 Township 6 North, Range 64 West Section 11: NW/4 (portion) Weld County, Colorado Dear Chris: I understand that Weld County has received an application for a site specific development plan and special review permit for property in Weld County described as a portion of the NW/4 of Section II, Township 6 North, Range 64 West ("Property"). This law firm represents Anadarko E&P Company LP ("Anadarko E&P") and Anadarko Land Corp. ("Anadarko Land") with respect to the application for development. The Anadarko entities together own all of the minerals that underlie the Property. Please find enclosed a letter dated February 1, 2007 entitled "Notice of Oil and Gas Interests owned by Anadarko Land Corp. and Anadarko E&P Company LP and Objection" which I ask that you provide to the Planning Commission and the Board of County Commissioners to be made a part of the record in the proceedings. Please send notices of future hearings on the matter to the Anadarko entities • pursuant to C.R.S. §31-23-215, C.R.S. §24-6-402 (7) and C.R.S. §24-65.5-101, et. seq. as follows: to%-/SS Chris Gathman • February 1, 2007 Page 2 • Anadarko E&P Company LP Post Office Box 9149 Houston, Texas 77387-9147 Attention: Manager Western Region/CBM Anadarko Land Corp. Post Office Box 9149 Houston, Texas 77387-9147 Attention: Manager, Property and Rights-of-Way Thank you for your consideration in this matter. If you have any questions, please call me. Best regards, VanderWerf& Buchanan, LLP Molly Sommerville Buchanan MSB/sa Enclosure cc: Rick Mayer, Esq. Jeff Fiske, Esq. John Butera Don Ballard Cody Hollingsworth/ for Cockroft Dairy Barry Myhr/ for Noble Energy Production, Inc. Ed McLaughlin/ for Petro-Canada Resources (USA), Inc. • .=;7672-/832 • . VANDERWERF & BUCHANAN, LLP • ATTORNEYS AT LAW 1525 Seventeenth Street Denver, Colorado 80202 Molly Sommerville Buchanan Telephone: 303-298-9939 Mbuchanan@vbliplaw.com Facsimile: 303-298-9944 February 1, 2007 Via Telefax and Federal Express Members of the Board of County Members of the Planning Commissioners for Weld County Commission for Weld County 915 10th Street 918 10`1 Street Greeley, CO 80631 Greeley, CO 80631 • NOTICE OF OIL AND GAS INTERESTS OWNED BY ANADARKO LAND CORP. and ANADARKO E&P COMPANY LP and OBJECTION Re: Cockroft Dairy LLC Site Specific Development Plan and Special Review Permit AmUSR-I 602 Township 6 North, Range 64 West Section 11: NW/4 (portion) Weld County, Colorado Ladies and Gentlemen: This law firm represents Anadarko Land Corp. (`Anadarko Land"), formerly known as Union Pacific Land Resources Corporation, and Anadarko E&P Company LP (`Anadarko E&P"), formerly known as Union Pacific Resources Company, with respect to the application that has been filed with Weld County ("County") for the approval of a site specific development plan and special review permit for property described as a portion of the NW/4 of Section 11, Township 6 North, Range 64 West ("Property"). Anadarko Land and Anadarko E&P own the mineral interests that underlie the Property. • • Members of the Board of County Commissioners and Members for the Planning Commission for Weld County January 31. 2007 Page 2 fhe Anadarko entities wish to give notice to the :Thant)/ of the mineral interests they own under the Property and make the County awa.}2 that the approval of a final application for development for the Property may significantly impact the prospective development of the oil and gas under the Property. The Anadarko entities object to the approval of a final application for development unless and until agreements are reached among the Anadarko entities and the applicant with respect to the oil and gas interests. The following are comments in support of this Notice and Objection: 1. The Oil and Gas Resources Owned by the Anadarko Entities. Anadarko E&P and Anadarko Land together ovyn all of the oil and gas that underlies the Property. Anadarko E&P or a predecessor company has granted oil and gas leases for the Property to United States Exploration. Inc. ("IJXP") and Petro-Canada Resources (IJSA) Inc., or their predecessor companies. Records at the Colorado Oil and Gas Conservation Commission ("COGCC") reflect that there are currently two producing • oil and/or gas wells and two permitted oil and gas weiis in Section I I, two in the Wi2NW/4 operated or to be operated by Petro-Canada and two in the E!2NW/4 operated or to he operated by UXP. Current COGCC regulations provide for the location of live drilling windows in each quarter section in the geographic area where the Property is located. one in the center of each quarter quarter section and one in the center of the quarter section. 2. There is Clear Statutory Authority and Direction ri,r the Counts to Take Into Account the Rights of Mineral Interest Owners in Its Consideration of Applications for Development. The State of Colorado recognizes the important fights of mineral owners and lessees in C.R.S. § 30-28-133( 10) which states that both the mineral estate and the surface estate are interests in land and that the two interests are "separate and distinct.- The subsection specifically recognizes that the owners of subsurface mineral interests and their lessees have the same rights and privileges as surface owners... 3. Government Action Which Allows Surface Deve!onment in a Manner Which Precludes Mineral Development May Impair the Vested Property and Contractual Rights of the Mineral Interest Owner I • • • • Weld County Commissioners Weld County Planning Commission February 1, 2007 Page 3 Colorado case law provides that the mineral owner has the right of reasonable access to and use of the surface estate to extract minerals.t Actions by a government entity which may have the effect of reversing this basic tenet of Colorado property law and thereby deprive the mineral interest owner of its vested property and contractual rights may be violative of federal and state constitutional provisions. Union Pacific Railroad Company gave a deed to Elmer Merritt, et. al. dated November 29, 1910 and recorded in the office of the Weld County Clerk and Recorder on December 10, 1910 in Book 320 at Page 39 in which the Railroad reserved the minerals for the Property. The Railroad granted the minerals to Union Pacific Land Resources Corporation by quitclaim deed dated April 1, 1971 and recorded April 14, 1971 in Book 644 at Reception No. 1565712. Applicant had record notice at the time it acquired its interests in the Property that the minerals were severed from the surface estate and that it received less than the entire interest in the Property. • 4. An Action by the County to Approve the Application May Amount to a Regulatory Taking within the Meaning of the State and United States Constitutions. Action by the County to approve an application for surface development may constitute a regulatory taking, especially where the operator is deprived of all economically viable use of land or his investment-backed expectations to develop his property.` 5. The Anadarko Entities Have Entered into Many Agreements with Developers With Respect to the Disposition of the Minerals at the Time that the Developer Proposes to Develop the Surface Estate, and the Public Interest is Served by the Parties Entering into Such an Agreement. • The Anadarko entities have extensive mineral interests throughout Colorado where the surface estate and the mineral estate have been severed. The Anadarko entities have worked with many parties who wish to develop the surface estate in order to assure 'See Frankfort Oil Company v. Abrams,413 P.2d 190(Colo. 1966). Note also, Gerrity Oil & Gas Corporation v. Magness, 946 P.2d 913 (Colo. 1977), which discusses in a footnote on page 927 the principle that the owners of both estates must exercise their rights in a manner consistent with one another. 'See, for example, Lucas v. South Carolina Coastal Council, 505 C.S. 1003, 112 S.Ct. 2886, 120 L.Ed. 2d 798 (1992). • Weld County Commissioners Weld County Planning Commission February 1, 2007 Page 4 the compatible development of the surface and the minerals or to effect some other disposition of the minerals. The Anadarko entities and their lessees have initiated discussions with the Applicant to work out surface use conflicts and are hopeful that agreements will be reached; however, agreements have not been entered into by the parties to date. The Anadarko entities therefore object to final land use approval for the Property in the absence of agreements among the Anadarko entities, their oil and gas lessees and the Applicant. Very truly yours, VanderWerf& Buchanan, LLP • Molly Sommerville Buchanan MSB/sa Enclosure cc: Rick Mayer, Esq. Jeff Fiske, Esq. John Butera Don Ballard Cody Hollingsworth / for Cockroft Dairy LLC Barry Myhr/ for United States Exploration, Inc. Ed McLaughlin/ for Petro-Canada Resources (USA), Inc. • ,RE-6 -/3 ' 1625 Suite Broadway t noble Sdo 3 0202 / \ energy Denver,Colorado 80202 Tel:303.228.4000 Weld Count •ax: 303.228.4280 Y Planning Department GREELEY OFFICE January 23, 2007 JAN 2 4 2007 RECEIVED Department of Planning Services North Office Attention: Chris Gathman, Planner 9I 8 10°i Street Greeley, CO 80631 Re: Cockroft Dairy LLC -Applicant Township 6 North. Ranee 64 West.6th P M. Section I I: Lot A of AmRE-178 Ladies and Gentlemen: Under a Development Application Referral dated January 15, 2007, the Department of Planning Services of Weld contacted Noble Energy Production, Inc. ("Noble") regarding an Application for Development of the County g g pP captioned property ("Property'). Noble owns oil and gas leasehold covering the Lot A of AmRE-178 and operates the Cockroft 22-I1 and the Cockroft USX A 11-18 oil and gas wells (the "Wells") and associated pipelines located on the Property. Noble is very concerned about the impact the proposed development will have on Noble's ability to produce, operate and maintain the Wells, pipelines and access roads on the Property. Noble has not had direct discussion with representatives of the Cockroft Dairy LLC (the "Owner") relative to this proposal. To date, no agreement has been finalized and Noble has received no written confirmation from the Owner that Noble's real property rights to use a reasonable portion of the surface for oil and gas operations and development are being preserved. Noble requests assurance from Weld County that the proposed development will not preclude Noble from producing, operating, drilling and maintaining its Wells, related pipeline and access roads. Until this matter is resolved by agreement with the Owners, Noble is not waiving its rights as a leasehold owner. Any approval of the proposed development should be conditioned upon the preservation of Noble's real property rights that allow it to make reasonable use of the surface of the lands for oil and gas development and operations. n 1, hi that these c... i.e. is be entered l,-1-2 IJ- re.--,-,1 fr.r the prn,snceA d_ I nt a d 'lint .._ eneitiplie to be provided with advance notice of all other hearings affecting the Property. If you have any questions. please feel free to contact the undersigned at(303) 228-4020. Sincerely, N E Y PRODUCTION, INC. ernd "Barry" Myhr Spec al Projects Coordinator • cc: Cody Hollingsworth, AGPROfessionals, LLC, 4350 Highway 66, Longmont, CO 80504 Molly Buchanan, VanderWerf& Buchanan, LLP, 1525 17th Street, Denver, Colorado 80202 aCc?9-/S3-9 Township 6 North, Range 64 West, 6t1i P.M. Section 11 Weld, County Cockroft Dairy, LLC COCKROFT 100% ALL DEPTHS COCKROFT USX A I1.3 0 COCKROFT USX A 11-2 1 }� 11 -22 S 4 -10.. 0 COCKROFT 11-22 0 -J.� I 160% BELOW \ \ CODE" COCKROFI\ COCKROFT 11.23 COCKROFT USX AII-S 0• 0 COCKROFT 22.11 /r" 11 -23 � \ • I 37996 > 11 11 \) , COCKROFT f • 0• COCKROFT 13•II , 13-11 NP ET 43.10 COCKROFT 0 coCCOCKROFT 33.11 COCK ^ "3.43- 33- 1 1'i-, , `n COCKROFT OWL GC COCKROFT COCKROFT OWL CREEK 2 2 34- 1 1 IAL IN ;Y 4410 COCKROFT USX A 11.140 COCKROFT 3411 tV}+ COCK p 32996 44- 11 ALL I k , t' i i;" 1 , e f 11 1• . t * t -440110 . r 'Ilde:## # . it._ IL • ;L. all , I I aa'7-/3s 2 AGPRO ■ • COMPLETE LAND AND RESOURCE SOLUTIONS Weld County Planning Department GRFELEY OFFICE January 16, 2007 FEB 14 2007 Weld County Planning Department RECEIVED Attention: Chris Gathman �/ 918 10th Street Greeley, CO Dear Mr. Gathman: This letter is written to inform you and serve as proof that Agpro Enviromental Services, LLC on behalf of Brad and Scott Cockcroft of Brad and Scott Cockroft Dairy, LLC (applicant/owner) have sent out the certified letters notifying the mineral interest owners and Lessees of the USR application. The letter states the reason for the application and the time and date of the Planning Commission hearing, which is scheduled for April 3, 2007 at 1:30 p.m. The hearing will be held at the Weld County building located at 918 10th Street, Greeley, Colorado. Please also find a copy of the certified letter receipt for each letter sent. If you have any questions, please call AGPROfessionals, LLC at (970) 535-9318. We will be representing the owner throughout the application process. Sincerely,d(teCod Hollings orth Planner CC: Weld County Planning Services • ENGINEERING, PLANNING, CONSULTING & REAL ESTATE AGPROfessionals, LLC/ LANDPROfessionals, LLC 4350 Highway 66• Longmont,CO 80504 970.535.9318/office• 303.485.7838/metro .970.535.9854/fax • www.agpros.com cQ7 /3 • DETMENT OF PLANNING SERVICES NORTH OFFICE 918 10r" Street tfirl GREELEY, CO 80631 PHONE: (970) 353-6100, Ext. 35. FAX: (970) 304-649 C. WI I COLORADO January 15, 2007 NOTICE TO SURROUNDING PROPERTY/MINERAL INTEREST OWNERS CASE NUMBER: USR-1602 There will be a Public Hearing before the Weld County Planning Commission on Tuesday,April 3, 2007, at 1:30 p.m., in the Hearing Room, Weld County Planning Department, 918 10" Street, Greeley, Colorado concerning the request of: NAME: Cockroft Dairy LLC FOR: A Site Specific Development Plan and a Special Review Permit for an Agricultural Service Establishment primarily engaged in performing agriculture, animal husbandry, or horticultural service on a fee or contract basis including Livestock Confinement Operations (a dairy operation for a total of 4500 cattle including milking cow and dry cows) in the A (Agricultural) Zone District • LEGAL DESCRIPTION: Lot A of AmRE-178; Section 11, T6N, R64W of the 6th P.M., Weld County, Colorado. LOCATION: South of and adjacent to CR 72; west of and adjacent to CR 59; north of and adjacent to CR 70 and west of and adjacent to CR 57. Your property is within five-hundred (500) feet of the property on which this request has been made or you may have an interest in the minerals located under the property. For additional information write or telephone Chris Gathman, Planner. Comments or objections related to the above request should be submitted in writing to the Weld County Department of Planning Services, 918 10' Street, Greeley, Colorado 80631, on or before the date of public hearing. For your convenience, the Department of Planning Services has instituted a Planning Commission Agenda Phone Line. In some circumstances cases need to be continued to a later date. To ensure that this case is being heard, you may call 970-304-6499, up to the day of the scheduled hearing for this information. • m y m m` o X o O aaox ≥ z m ° aao - ≥ z° • m ° ❑ ■ rk, ❑ ❑ ❑ ,� ❑ � - ❑ ❑ ❑ Q' tcq ci` m m i-i 0,. 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CO $ < CP IL Ed c d Uv dt . o o m d p. ,0 03 v a = C m y • U Q O m f' w �'" L 0 7 — a tC 2 N ., _ ,.,v, 6 ig U y y N o I- to W 0 ',F 0 _ o A N m 0 a LL LLe a M w CL E' N LL Si = _. E 4 am mg n O « O u Z u 8¢ .8,-,Er. ° °o u _ o o . 0- r � a ¢� z� ti y Em tot o ax m w a. cn w E • ma o T I- o N W • • DEPARTMENT OF PLANNING SERVICES ‘11St 114;1:3( NORTH OFFICE 918. 10THO Street GREELEY, CO 80631 PHONE: (970) 353-61010 0, Ext. 3540 FAX: (970) 304-6498 III C. COLORADO January 15, 2007 NOTICE TO SURROUNDING PROPERTY/MINERAL INTEREST OWNERS CASE NUMBER: USR-1602 There will be a Public Hearing before the Weld County Planning Commission on Tuesday, April 3, 2007, at 1:30 p.m., in the Hearing Room, Weld County Planning Department, 918 101° Street, Greeley, Colorado concerning the request of: NAME: Cockroft Dairy LLC FOR: A Site Specific Development Plan and a Special Review Permit for an Agricultural Service Establishment primarily engaged in performing agriculture,animal husbandry,or horticultural service on a fee or contract basis including Livestock Confinement Operations (a dairy operation for a total • of 4500 cattle including milking cow and dry cows) in the A (Agricultural)Zone District LEGAL DESCRIPTION: Lot A of AmRE-178; Section 11, T6N, R64W of the 6th P.M., Weld County, Colorado. LOCATION: South of and adjacent to CR 72; west of and adjacent to CR 59; north of and adjacent to CR 70 and west of and adjacent to CR 57. Your property is within five-hundred (500)feet of the property on which this request has been made or you may have an interest in the minerals located under the property. For additional information write or telephone Chris Gathman, Planner. Comments or objections related to the above request should be submitted in writing to the Weld County Department of Planning Services, 918 10'" Street, Greeley, Colorado 80631, on or before the date of public hearing. For your convenience, the Department of Planning Services has instituted a Planning Commission Agenda Phone Line. In some circumstances cases need to be continued to a later date. To ensure that this case is • being heard, you may call 970-304-6499, up to the day of the scheduled hearing for this information. • 2007-1337 S CERTIFICATE OF MAILING • The undersigned hereby certifies that a true and correct copy of the foregoing Notice of Hearing, Case Number USR-1602 was placed in the United States Mail, first class mail, postage prepaid, addressed to the following properties. Dated the 15TH day of JANUARY, 2007 ;CK4- VSLI�L Voneen Macklin Recording Secretary for Planning Commission SURROUNDING PROPERTY OWNERS PHINNEY LAURA 34421 CR 57 ADAMS JEFFREY GILL CO 80624 27528 CR 72 GILL CO 80624 PHINNEY MYRON 27827 CR 70 BLOMQUIST DAVID GILL CO 80624 34257 CR 57 GILL CO 80624 RADY DAVID 34288 CR 59 CECIL STEPHEN GILL CO 80624 36626 CR 59 EATON CO 80615-9703 RAY GLO HOLSTEINS 33796 CR 57 COCKROFT DAIRY GILL CO 80624 27906 CR 388 • KERSEY CO 80644 REINICK RYAN 29023 CR 70 DONLON KYLE GILL CO 80624 28963 CR 72 GILL CO 80624 SHRIVER CLARA 29035 CR 70 MCKENNEY EDNA GILL CO 80624 28656 CR 70 GILL CO 80624 SPEICHER DENNIS 27500 CR 70 MIX DUANE GILL CO 80624 34726 CR 59 GILL CO 80624 WOLFRUM JIMMIE 34505 CR 57 NOAH FAMILY LIVING TRUST GILL CO 80624 C/O JAMES NOAH 28545 CR 72 MINERAL INTEREST OWNERS GILL CO 80624 ANADARKO E&P ORR TOMMY & PHYLLIS ATTN: MGR LAND, WEST DIV 27499 CR 72 PO BOX 9149 GILL CO 80624 THE WOODLANDS TX 77387 PETTINGER MATTHEW ANADARKO LAND CORP 37577 CR 57 ATTN: MGR PROPERTY& ROW GILL CO 80624 PO BOX 9149 THE WOODLANDS TX 77387 • ;2OO2-/337 0 • PETROLEUM DEVELOPMENT CORP . 3801 CARSON AVENUE EVANS CO 80620 UNITED STATES EXPLORATION INC. 1625 BROADWAY SUITE 2000 DENVER CO 80202 PETRO CANADA RESOURCES 1099 18TH ST. SUITE 400 DENVER CO 80202 • • a42 9-/597 AFFIDAVIT OF INTERESTISAND OWNERS Page 1 of 2 AFFIDAVIT OF INTERESTED LAND OWNERS SURFACE ESTATE Subject Parcel: 080111000030 THE UNDERSIGNED, states that to the best of his or her knowledge the attached list is a true and accurate list of the names, addresses, and the corresponding Parcel Identification Number assigned by the Weld County Assessor of the owners of the property (the surface estate) within 500 feet of the property being considered. This list was compiled utilizing the records of the Weld County Assessor available on the Weld County Internet Mapping site, http://www.co.weld.co.us, and has not been modified from the original. The list compiled from the records of the Weld County Assessor was assembled within thirty days of the application's submission date. rc Signature /z-/1 -GC Date Property Owners Within 500 ft. of Parcel# 080111000030 NAME MAILING ADDRESS PARCEL IDENTIFICATION # 27528 COUNTY RD 72 ADAMS JEFFREY F & 080110000015 GILL,CO 80624 34257 COUNTY RD 57 BLOMQUIST DAVID NEIL 080110000043 GILL,CO 80624 36626 COUNTY RAOD 59 CECIL STEPHEN W & JOANN M 080112000008 EATON,CO 80615-9703 27906 COUNTY RD 388 COCKROFT DAIRY FARM LLLP 080111000029 KERSEY,CO 80644 COCKROFTS BRAD & SCOTT 27906 COUNTY RD 388 DAIRY LLC 080102000031 KERSEY,CO 80644 COCKROFTS BRAD & SCOTT 27906 COUNTY RD 388 DAIRY LLC 080102000032 KERSEY,CO 80644 COCKROFTS BRAD & SCOTT 27906 COUNTY RD 388 DAIRY LLC 080111000027 KERSEY,CO 80644 28963 WELD CO RD 72 al DONLON KYLE LYNN & 080102000037 GILL,CO 80624 28656 WCR 70 http://maps2.merrick.com/website/weld/setSql.asp?cmd=buffer&PIN=0801 1 1 000030&P... 12/12/2006 AFFIDAVIT OF INTERESTSAND OWNERS Page 2 of 2 MC KENNEY EDNA M 080113000019 411 GILL,CO 80624 28656 WCR 70 MC KENNEY EDNA MAE 080114000023 GILL,CO 80624 34726 COUNTY RD 59 MIX DUANE D & 080112000009 GILL,CO 80624 JAMES C NOAH & PATSY A NOAH FAMILY LIVING TRUST NOAH TRUSTEES 080102000026 28545 COUNTY RD 72 GILL,CO 80624 27499 WELD COUNTY RD 72 ORR TOMMY L &PHYLLIS J 080103000033 GILL,CO 80624 37577 COUNTY RD 57 PETTINGER MATTHEW J 080102000038 EATON,CO 80615 34421 COUNTY RD 57 PHINNEY LAURA L 080110000049 GILL,CO 80624 PHINNEY MYRON A & 27827 WELD CO RD 70 ELIZABETH M 080110000050 • GILL,CO 80624 34288 WELD CO RD 59 RADY DAVID H & LINDA J 080111000007 GILL,CO 80624 34288 WELD CO RD 59 RADY DAVID H & LINDA J 080112000010 GILL,CO 80624 33796 COUNTY RD 57 RAY-GLO HOLSTEINS 080114000025 GILL,CO 80624 29023 COUNTY RD 70 REINICK RYAN L& 080112000026 GILL,CO 80624 29035 WCR 70 SHRIVER CLARA L & 080112000027 GILL,CO 80624 27500 COUNTY RD 70 SPEICHER DENNIS E & 080115000057 GILL,CO 80624 WOLFRUM JIMMIE L & 34505 COUNTY RD 57 SHARON M 080110000014 GILL,CO 80624-9608 • http://maps2.merrick.com/website/weld/setSgl.asp?cmd=buffer&PIN=080111000030&P... 12/12/2006 • • I. infif LIST OF MINERAL OWNERS AND MINERAL LESSEES • (Cockroft) Subject Property: Township 6 North, Range 64 West, 6th P.M., Weld County, CO Sec. 11: LotAofAmended Recorded Exemption No. 0801-11-1-RE178 Crews & Zeren, LLC, a mineral title company, states that to the best of its knowledge the following is a true and accurate list of the names and addresses of the mineral owners and mineral leasehold owners having an interest in the Subject Property, based upon the real property records of Weld County, Colorado, as verified through December 6, 2006. A photocopy or facsimile of this list shall, for all purposes, be as valid as the original hereof. Dated this 14'" day of December, 2006. Crews & Zeren, LLC l= 'l 1. By: William G. Crews, CPL Certified Professional Landman #3477 Mineral Owners Mineral Leasehold Owners: Anadarko E&P Company LP Petroleum Development Corp. Attn: Manager Land, Western Division 3801 Carson Avenue P.O. Box 9149 Evans, CO 80620 The Woodlands, TX 77387-9147 United States Exploration, Inc. Anadarko Land Corp. 1625 Broadway, Suite 2000 Attn: Mgr. Property & ROW Denver, CO 80202 P.O. Box 9149 The Woodlands, TX 77387-9147 Petro-Canada Resources (USA) Inc. 1099 18th Street, Suite 400 Denver, CO 80202 Crews e4'Zeren,LW • Oil and Gas Title Services P.O. Box336337 (970)351-0733 Greeley, CO 80633-0606 Page 1 of 2 LFax(303) 484-2110 • S By acceptance and use of this list, the client and its agents agree to all of the following: • William G. Crews ("Crews")and Cynthia A. E. Zeren ("Zeren") are Certified Professional Landmen certified by the American Association of Petroleum Landmen who have been asked by Client or Client's agent to provide listings of mineral estate owners entitled to notice pursuant to §§ 24- 65.5-103 or 31-23-215, C.R.S., as provided under the Surface Development Notification Act, Colorado Revised Statutes §24-65.5-101 et seq. Such lists will be prepared by Crews or Zeren, although the Client's contract is with, and all payments are due to, Crews & Zeren, LLC ("C&Z"), a Colorado limited liability company of which Crews and Zeren are the only members. Neither Crews nor Zeren is an attorney licensed to practice law. Crews and Zeren have agreed to prepare listings of mineral estate owners for the Client only if the Client agrees that the liability of Crews, Zeren and C&Z in connection with such services shall conclusively be limited to the amount paid by the Client to C&Z for such services. Crews, Zeren and C&Z make no warranty, express, implied or statutory, in connection with the accuracy, completeness or sufficiency of any such listing of mineral estate owners. In the event any such listing proves to be inaccurate, incomplete, insufficient or otherwise defective in any way whatsoever or for any reason whatsoever, the liability of Crews, Zeren and C&Z shall never exceed the actual amount paid by Client to C&Z for such listing. In order to induce Crews, Zeren and C&Z to provide such services, Client does hereby agree to indemnify and hold Crews, Zeren and C&Z harmless from and against all claims by all persons (including but not limited to Client) of whatever kind or character arising out of the preparation and use of each such listing of mineral estate owners, to the extent that such claims exceed the actual amount paid by Client to C&Z for such listing. • Client specifically intends that both the foregoing limitation on liability and the foregoing indemnification shall be binding and effective without regard to the cause of the claim, inaccuracy or defect, including but not limited to, breach of representation, warranty or duty, any theory of tort or of breach of contract, or the fault or negligence of any party (including Crews, Zeren and C&Z) of any kind or character(regardless of whether the fault or negligence is sole, joint, concurrent, simple or gross). Crews eh'Zeren LGC • Oil and Gas Title Services P.O. Box336337 (970)351-0733 Greeley, CO 80633-0606 Page 2 of 2 Fax(303)484-2110 Hello