The URL can be used to link to this page

Browse Search

Home My WebLink About20073903.tiff I 1,596-5ES uotu ,,,R1,,,R1•BI ER-SES(0th) m I! ! 1,0508 OO 9maRyl99 AR,m0H Mb .v a..wr aumu. ,xuurvwu aemowwr vim ,—� _ og t - I' �Ii' t 1 :d snuumosaSlifl S nvaenv3varvm �� Z091 #j1S11 o sli`si, ! O11d9V AUVG S P � Z s Is i l !1 If i I . hill; ill zli i § II 1 i i II 1 I I ° o lb III � ; iif° flit E1 iIiE ' fsfs Ef• 1 fE �l° ' f , , Igiigi � � 1� 1 �� (� E � eg s1, F E s i f4ditf fil i 1 f it ; 1il Iki ft iII iE 9F; ! iII f sitkII E1 °I 'r ° ,fir !; If- ! ft _ . , i �' iEl � =i� y � � i � { � �� if F s .l• ii , €, i - i i 4 , ! ili E , , E i a , �� i1' ig ! f � iF i' iif�i�i �� '� � fix� i I> .r t s ; e tI t! ell 5'i ° if fi! IF j E II al'( ! ! E 1 ^' Erii- I 1�.ii . ll iii s � i! it ' li ° li � ilt lil= $1it it iiflh}b, IV. E i ii i l iii f tlfi E rt? 1 f. EE �j€€o iilf ll iii I° ii Ii iii i, ii li f !"is � i i ii lif it it l-. iiii!ii H LU fii ji i t IfOU il'gil: F ! E E`€ §' iE i fliiiq55ifalqp t 11111111 s! t ei{t9e iii i i;iyi Ei ` iiiF a.fEfi �l ! $ ;iii 'I 'I $ �!`� d'piFe ! t2ttl! rig �. I ill to 5 j I � i�'fl !a 'i 'ft'�i Will rFtt e i I . iiiis ai 1 ffi i.! !gill € i iii ill E t ili`iil E i a i i i i i f€E! f °9z lles €f f a€ fi' 6ii1 ! z i If!Iiiti11 O.q .i i� 'g�lalI't sdti if`ieyi iEfi€i° ` i i•— °i�isl f! D E ` fIl iitii Rt 19EhI(iIiti iiili i ! iilltia l $ j� { 1 ' tdttfiii•! i ( ((i ;Lill o E4 ii Eiii 7 i l,I I` ft ftli!t lift 'ti hl i i IE Fi ! ! ;*1 : it 'iii ii�f ..Ff �i +!(3. 114, li,f ill.icil iii:i { E tilt! iii;il I< tilt, fti i iii 1•ii h III' }$ iii 1 • 5�1-i. � ! fs p Ft 'i I ills li i � � it i 1 ,i ;iii iv; i • II L. Ile IE.li.ililili; i i if I li 1 i 1 t i' 11' tiai - l f�. ii t t 1 4 i5 !! II I°2 1 , iiiili1;li+Eii liii ll;4111;iliil iltl!i�1l§ilfel l.i IF t"4,8} i i!!i! Ef !t 9 i - m E '1.1'11111111 ip ii ii €¢ii ts i i'il i t(iifli $iii i' i iiiitfi� i' I° ". f > i F fii PI 241L.l €€i4Atf8€I FIiF lsilli€il9f€:i€iiCFiliiil idiZ€9€FFFFiiF d€I 111 i't ₹!� __ _... E _ x-a ;,xr > vaa . ...•s a a f I mI\3 E � 1 w€D_COUNTY ROAD s9 k o- % � ! l° fl— ! g tilt ls4 i ; ® • ':, a; /fe e3 tt ' \ a :.t aa. yS yF 9t Ls 0.- B .. ! ft ai n N f m° I.- - I 4t T !. l 6. / § I G i tita� fFIl a °tly' 6r �� 5 iF 5',I I-a a8 of __ . r •L-2 n F c €i — i Hrc .48 0 w w 1 .61-1 tOI le! ,_ yr =e$ .i ea L JI d _ WELD COORtt ROAD 57 _ _—L_- C��._a .. I __ _- cO, -_ 3103 gclil 6c86-SES(0t6)�xxa.8i E6'SES(0L6) mn%+ am, nwaII.10 li a I 6050800'iuourauo1'99Fsm48!H 05f9 iI ii WJ1L1 Nurrm i F ,--4 1 0i ! ' i 8 s SNoum0 DIMOSIaa A IITIZ ■ Z091 #2!$(] r i `o E- Iii.I'! { I O11d9 AMlIVQ SHJ - ° v by + 11 a - i ! 1 If ill n' III, III i 1 11 a s ti ° 1 ! 111 ! I lI �`lgf it $ ! i � `! $ � � la ` a �� x l l lg I - ` 1l l! I�1 II 11111 1 1 I l 'l 1 , 1! I I I I I `I 1 16 II ll Ili 111 di E 1 i s I a 3g f j _ 1 aFi * . , _ ! { If f I , ° ae ° tn! III ° " ! FIII II ai ' I }t {gg Il ` ' i " ; xR ; f 1 ?� Uri pH !(� lllf lllt � 91 III F ` 'i ` S + ol— o- - `y ; a , e if iel 1111:11 ! � �iIse ' lstdi ! oi 1 i i1 I hil -I ` l ! III 1IIII- ' ;II �i 1! 22 i FF t nI ri ;l EI ! t j`. 'gt: ! i 1l1 1 l' a � ! y ¢ lies g ; c,� gi! l l �l ! P�dt1 1 Et I lllsl 11 8 .} , to � l �lfII 111f a ,i�..,.11yt i Ill 1111at° 1, zIfllIII= III ° I aE I {I 1=IIIIII 1( 111 11111;1 all 1111,011 ! ; 1: 111,9111111fg Il ,t IIIIIIa111i1! la,.Itfl,°lagl ll if 'Il•lllylI ,I .11111.1113111 I 111.;9 I g 1 ! I € Iii°I as 1,'111 11a I I II s,1 !, pll I ! 1 a tttt. II°! ! 1 I a !I 1 ! I ilala 1 i 11111 il! Ri Ii !1l 11 1 t3 U111tllilbt II IIi I ;II111 !Ill ;cult11 I '! a 1 .!i 11 1P hill I `'1I, al a6 1 ` I I`—Il 1 I a .. Goo 1,i. ]-0 i ap 1� I I,11E ; g11 1111'111$°,.111`Illlllfl 11 Ilia! 19 l 1 31�j� mall! Ili all II 1.1:,1 II i I = 1 1 ,111' Ili a 1 1° a1 — IIIIiIr° 1 Till If illlflis_llli alit! I Illlll•1: a1;11gi1a11111 IIII �illl Iiiiiilll!' is [ r= ;als ' g83g tEal a,I 1111 Mild 1F` 1`ls' 111' a 1Ial, 1�11111 11111111I41 I: . i lE�e�I$II� Ill �11��xi � 'III 13 �i; �� i ill lll�( tf311} � l'tll111II 111 91 1h I' a 1 t1EiIl.tt_Rtstlll ttattiElttltlgt11411tit1aa1,111i.elia11E�11€111 PIIIIIIIIIt� - 6 11 - • ... .. -i 4[ % .: R^„ SFR FFR % Pi R9 % .RP9ii i i °,11 eild EEEij ! '!Ig . .ui � !! I 0If lei 'tC - - - g WELD COUNT_ROAD 59 _ a Iiij 86� Se Ill 1' 1 ��pp ac °a a !li l•a IY® ,i aga � i H j Il 0,..,.. I bra �` �� R i a • + ea 481 +5 �Ipl i ta$ \I Uz /, . ./ _ aty BE al b ! p !p IN T vp 4 M"�9 ° Q 7.,, ci 9 0 I. 0 9 o iI r is I gC @ ei C Oi g L8 a o .r„y �S �• b $ k 1/4 N Q999@@ x T o 8 t'g 1� I� Ia a l l 11 Uo `> z81 ' r a i, 'ea o,, Eia% p " W wr � it U � l 6 W it. 8\ h e I E z :js p u, g s sa 1 1 Ulw R �� „ e2 r, q w a .'B w � � t z a �,J� a R 3 o L In C.) 1 i Ili 3 . . g ! J --ii WELD COUNTY ROAD 57 _ , • 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\1153100\0202993t.00C/ • • 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. • • 1 Client11157100\02029931.DOC/1 • 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 • Clicnt\1153\00\02029826.DOC I) • 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 I Revised Management Plan for Nuisance i 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 a • {Client\1153\001x2029826.DOC IF • I 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 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 ill consist of: ➢ Assistance and consulting by Alberto B. Broce, Ph.D., Professor Veterinary Entomology of Kansas State University _ through 2008 in: • (Client\l I33\OOO2029826.DOC/( . 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\l 153100\02029826.D OC/{ • Terms of the Prior Management Plan Revised Management Plan for Nuisance for Nuisance Control Control r sources. Rodent traps and chemical of such will be warranted by the treatments are effective control results of the other control mcthods 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. i • • IClicmll I53100%02029826.DOC 4 High Plains Dairy • 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 • {Client\I 153,00`,0202973 I.DOC/6) 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 individual(s) 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 {Client\I 153\00`0202973 I DOC/6) High Plains Daisy AGPROjessionals,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, soil spots, road roughness and flying rocks. 3 {Client)]153V00A02029731.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 arc 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\1153\00\0202973 I DOC/6) High Plains Dairy AGPROfessionats,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: 1. 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 arc 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 (Client'!153\00`.02029731.DOC/6} High Plains Dairy A GPROfessionals,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 {Client AI I53V00A0202973I.DOC/6) High Plains Dairy AGPROfessionats,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. Iffitrther 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\I 153\00\0202973 I.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 • (ClientA1153V00A0202973 I.DOC/6} Hello