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2002-2753
E.T. Mika Veterinary Service LLC
1301 52"d Ave
Greeley, Colorado
970-396-0737
970-351-0995
To Weld County Planning Commission,
06-30-02
It is a pleasure to speak on the behalf of Cordell and Crystal Dye. It is not often I visit a
farm with as much concern for their animals as the Dye Farm. Their dairy farming and
kennel operations are managed with animal comfort as a priority. I would equate their
genuine concern for animals on same level as James Herriot the English Veterinarian.
My many visits to their farm have always been a pleasure. Not many farming operations
in today's commercial world value the individual animal. Even with a poor prognosis the
Dyes always want to go the extra mile to save an animal. This same concern is true for
their kennel operation. On routine health inspections of animals for interstate shipment
or export to other countries the kennel environment is always clean and comfortable.
I have reviewed the general health program (vaccinations, parasite control, nutrition and
sanitation) for the Dye's kennel, and these programs are well above that of other kennel
operations and some veterinary clinics. Once again, it is my pleasure to have spoken on
behalf of the Dye's. They have outstanding animal husbandry practices. I would highly
recommend the Dye farm for a use by special review permit. I may be reached at the
above address or phone numbers, if you have any questions.
Sin�cer�ely,
Edward T. Mika DVM
MACKEY VEE TARY SERVICE,LLP
P.O.BOX 336204
GREELE:Y, CO. 80633-0604
(970)353-0995
To Whom It May Concern:
I was recently contacted by Crystal and Cordell Dye of 20400 WCR 55,Kersey, CO.,
concerning county requirements for leech field and water use for their kennel.
Although I am their large animal veterinarian,I believe I am able to comment on the
requirements that the county has set forth.
As I understand it, the county has no code for kennels, and uses state protocol. The Dyes
were told they must build for 30 gallons per day per dog. This amount of water is excessive even
for cows and I see no reason that dogs would require more than two to three gallons a piece per
day for adequate cleaning_
I do not believe the state follows this protocol and suggest clarification of this issue be
established by the state so Weld County residents have a realistic case to follow.
Dr. Lawrence R. Mac
key
3000 Wakonda Drive
Fort Collins, Colorado 80521
August 14, 2002
Crystal A. Dye
Sadona Labradors
20400 WCR #55
Kersey, Colorado 80644
Dear Crystal,
I just got confirmation that there is a Breaker litter on the way and due to be whelped on or
about September 3rd. As you know we breed very seldom and our stud fee is always pick
puppy to be donated as a service dog. Currently there is a Breaker puppy in Battle Creek,
Michigan, who is about to leave his foster family after a year to return to the headquarters
of Paws With A Cause in Wayland, Michigan, where he will have training tailored
especially for the needs of his soon-to-be lifetime companion.
We are very proud of Breaker. It seems like a very short time ago when we realized that
we were ready for a Labrador in our family. We were referred to you by representatives of
our local kennel club and came to see you about the time Breaker's mother"Whitney'
returned from a short visit with "Tanker" in New Jersey. We fell in love with her, of course,
and when you told us about the sire of her litter, we were convinced that our puppy would
come from that litter.
^
You told us that you expected show quality from the litter and were looking for "show
homes" for the puppies. You sent us to a show in Greeley so that we would understand
what would be involved. We were bitten and smitten from the beginning. Not only were
we able to show this boy to his Championship, he ended the year 2000 (just short of his 8th
birthday) ranked #42 in the country FROM THE VETERANS CLASS. That was quite a
feat for a Labrador who is owner handled, and then only locally. Along the way Breaker
picked up a CD with three qualifications in four entries and with a very NOVICE owner
handler. Last fall he surprised everyone by earning his WC his first time out. He is a great
retriever but had never had a bird in his mouth until the day before the trials.
We are most proud of Breaker because he is a working, certified therapy dog. Breaker is
at his best visiting bedfast residents or just lying down beside an Alzheimer patient in the
secure ward of a nursing home. Breaker inherited his tremendous intelligence and perfect
Labrador temperament from his father, a dog who has sired hundreds of guide dogs, and
his sweet mother, your beautiful Whitney. Now Breaker is passing those traits on to his
offspring. By this time next year another Breaker puppy will be working hard at basic
training for service dog work.
Thank you for this wonderful boy, Crystal. He is a shining example of your breeding
program, our CH Sadona's Breaks Me Up, CD, CGC, WC, TDI 9lenda/ly
•
J. Ja son
LIND, LAWRENCE & OTTENHOFF LLP
ATTORNEYS AT LAW
THE LAW BUILDING
101 I ELEVENTH AVENUE
P.O.BOX 326
GREELEY,COLORADO 80632
WEB PAGE:LLOLAW.COM
GEORGE H.OTTENHOFF Weld County Planning Department
KENNETH F.LIND (jR�FI.F7 F�C� TELEPHONE
KIM K LAWRENCE (970)353-2323
SEP 10 2002 TELECOr P.ANDREW JONES ER RICHARD T.LiPUMA (970)356-1111
y dA p... rich@llolaw.com
rECL9 E
September 10, 2002
To the Beard of County Commissioners:
I am writing on behalf of Cordell and Crystal Dye, former clients whom I have known tor
approximately two years. I understand that Mr. And Mrs. Dye have applied for an amendment to
their special use permit to allow them to continue raising and keeping approximately 150 show
dogs on their property. Apparently,persons associated with the Farmers Reservoir and Irrigation
Company("FRICO") have complained about or opposed the amendment sought by Mr. And
Mrs. Dye. In my opinion, the opposition of such persons is for reasons other than the best
interest of the community, and such opposition should be disregarded.
In April 2001, the Dyes sued FRICO for damages caused by flooding when the FRICO
ditch was breached in 1999. (Weld County District Court Case Number 2001 CV 399.) After
the Dyes complained about the flood damage, a ditch rider employed by FRICO harassed the
Dyes and their children, and even shot one of their heifers. FRICO owns property adjacent to the
-):es, and here is a home on that property where various ditch riders have lived. The civil C..:o
was settler:without any admission of liability. There may still be some hostility no.;ever.
between the Dyes and persons associated with FRICO.
In the time that I have known the Dyes, I have found them to be good and honest people.
They are hard-working and responsible. They treat their animals with great care. They have
good judgment, and I believe their application for permission to house show dogs should be
granted. Although I cannot personally attend the hearing on September 17, I would be happy to
address any questions you may have. Please feel free to call me.
Very truly yours,
Lind, L ence, and Ottenhoff
Rich LiPuma
RTL/rtl
EXHIBIT
F:\RTL\Dye\County.ltr.wpd
(et DEPARTMENT OF PUBLIC HEALTH & ENVIRONMENT
1555 N. 17`h Avenue
Greeley, CO 80631
WEBSITE: www.co.weld.co.us
ADMINISTRATION: (970) 304-6410
FAX: (970) 304-6412
PUBLIC HEALTH EDUCATION & NURSING: (970) 304-6420
FAX: (970) 304-6416
ENVIRONMENTAL HEALTH SERVICES: (970) 304-6415
COLORADO FAX: (970) 304-6411
September 13, 2002
Crystal Dye
20400 CR 55
Kersey, Colorado 80644
RE: Septic system for Dog Kennel (USR-1400)
Dear Ms. Dye:
The Department has reviewed your kennel application, the engineer design submitted
by Jay Freese, and additional pertinent information relating to the sizing of your septic
system. The Department has established these facts:
1. The septic system for the kennel was installed in 1998 without obtaining a permit
or performing the required percolation test.
2. There is a self-installed meter for monitoring the flows from the kennel that you
monitor monthly. This meter was installed within the last few months, and no
long term water usage can be established.
3. You stated to me that there are no formal grooming facilities and no washing of
bedding that would add measurable flows to the system. All bowls for the dogs
are washed in your house.
In order to determine whether the existing septic system is adequate for the proposed
use, the following steps are required:
1. A percolation test and soil boring are required to be conducted in the vicinity of
the system;
2. Obtain a permit for the system installed in 1998;
3. A new engineer design must be submitted to the Department based on the actual
percolation rate obtained around the system, and using a flow of 30 gallons per
dog (State Guidelines); an alternate design could be submitted using a reduced
flow, with the explanation of why the flow should be reduced. Any design using
reduced flows must be accompanied by a request for a variance, and such
variance must be approved by the Weld County Board of Health (meeting
schedule is the fourth Tuesday of each month, design must be received at least
10 days prior for review and scheduling); EXHIBIT
b
Crystal Dye
Septic system for Dog Kennel (USR-1400)
Page 2
4. Provide a diagram of the system as installed with dimensions and distances to
the building, etc., receipts for tank purchase or pumping, expose the distribution
box, and the corners of the bed OR each trench, depending on what was
installed;
5. Call for inspection of the system.
If you have any further questions, please feel free to call this office at (970) 304-6415.
S' cerely,
Pam Smith
ISDS Program Coordinator
O:\PAM\ISDS1dye kennel requirements.doc
CC: Carla Angell, Department of Planning Services
Char Davis, Health Department
Jay Freese, Freese Engineering
Lee Morrison, Assistant County Attorney
To whom it may concern,
30 gallons there are no facts to support such a requirement, no studies were ever
done.
The information was taken from a brochure distributed by the State Health Department
years ago as a guideline for water usage.
It is generally believed to be a typo error in the brochure that should have read 3.0-
gallons/per dog/day.
I have done such a study, as well as the State Department of Agriculture.
(Please refer to the letter submitted to the Weld County Health Department from Keith
Roehr DVM)
Daily water usage for both cleaning and drinking but not limited to, through a tamper
resistant water flow meter attached to the incoming water line, proves actual figures to be
2.9.
30 gallons a day is excessive for an 1800-pound milking cow...please refers to letter
from Larry Mackey DVM.
Average water usage as taken from the actual water supply meter for all dairy operations,
450 head dairy cattle, 1 horse, 8 people, kennel, 80 dogs and two residences and
maintenance is 29.6 gallons per day/cow
Cleaning begins with solid waste pickup, which is double bagged in plastic, and paper
and is disposed in a commercial trash disposal unit.
High preasure, mopping or steam clean does the remaining cleanup.
Steam cleaning is an excellent sanitizer limiting use of soaps.
No harsh chemicals can be used in a kennel due to possible chemical burns to paws.
Please note that the 7-day example was during the hottest period of the summer with
temperatures exceeding 90 degrees, water usage was at its peak.
In the winter months water use is restricted due to possible ice buildup and cleaning is
limited to an as needed basis.
Attempts to be compliant have been made through a existing septic permit application,
notarized ( denied) and the submission of a ISDS plan from a licensed Colorado engineer
as requested by the Weld Count Department of Health( denied)
The existing septic tanks are 2000 gallons in capacity and leach field and have proven
adequate since being used from 1998.
There are bathrooms in this facity and only wastewater goes to the septic system in the
average amount of 160 gallons a day.
EXHIBIT
6c
Therefore I am requesting a variance from the state requirement of 30 gallons of water
per dog/day.
To a more reasonable 3.0 gallons/dog/day.
Thank you for your consideration.
:?, PICK LIST Date
JJ.JD� pumps jnC. Order No.
J u '! ,
LII ' I,i'i ! ltal Irll; . .' HI;P'I'I.. i , Hif 'YF
/1 Bill 'L• l-31...5.. :!. :i.
To: , l _
Ship
ill r, ! :!. .?�t Y
Customer No.
P.O. Na. Ship Date
Order / Ship Via Order
J i
Filled By -pel Checked By �V i `-- ' outs Stop _ }
Item Description Part No. Ordered Shipped B/O Loc I
I. , .. l 1 l l l i I"l i:: ! I::.is I I i.., / I :. i._.
,
...' i�
: . .�
/ Z. ea/ 52‘/)3 662/ .533--;
l
N
E
O
LL
r`nstalled 8/3/2002
Metered until 9/17/2002 total 19,330.00 gallons
46 days
Daily use all dogs in kennel, outdoor gravel yards ,stocktanks and landscape,baths..80 dogs..420.21 gallons / day
Indoor runs washdown and drinking water..55 dogs...
8/13 160 gallons
8/14 170 gallons
8/15....160 gallons
8/16....160 gallons
8/17....159 gallons
8/18....150 gallons
8/20....158 gallons
total 1117
alerage..2.9 gallons kennel usage...
r
Monday,September 14,2002 America Online.OIMOGD407 Gpr:1
Subj: FW:
Date: 08/22/2002 1:38:29 PM Mountain Daylight Time
From: Keith.Roehr@ag.state.co.us
. To: cdve500407@aol.com
ent from the Internet(Details)
Crystal,
Here is the copy of the letter sent to Steve. If you have any Ts let me
know.
Thanks,
Keith CoU�\y ? ac�^
> —Original Message— Pv�• 9��t9
> From: Roehr,Roehr, Keith V
> Sent: Tuesday, July 30, 2002 2:55 PM
y
> To: 'swiatrow@co.weld.co.us' t't v
> Subject:
> Steve,
> As we had discussed as per telephone, the issue of Individual Septic
> Disposal Systems (WS) and the thirty gallons of water use per dog, per
> day, have come to our attention in the past. We have reviewed water bills
> of pet boarding facilities that showed the gallons of water used and
divided them by the number of dogs and discovered the average use to be
2-3 gallons of water use per dog. This seems to make sense In that it
would take approximately two minutes to wash down a run (kennel enclosure)
> apply disinfectant and rinse. If a kennel maintenance person was using
>thirty gallons of water to perform the daily cleaning tasks it would take
> several hours to complete the cleaning of a row of 20-30 enclosures and
>would require 600-900 gallons of water. The common cleaning practice in a
> r umb•.r of different types of animal care facilities is to pick up any
= sods and rin" l'ny remaining urine down the drain. With the slope of
> concrete enclosure this cleaning procedure is usually brief.
>
> In talking with Crystal Dye, she agreeable to install a water meter in her
> kennel to determine actual water use. The Pet Animal Care Facilities Act
> (PACFA) program personnel would be willing to complete an unannounced
> inspection during that time to Insure that proper sanitation Is being
> practiced. If we can be of further help or if you have any further
>questions please feel free to contact us.
> Sincerely,
> Keith A. Roehr DVM
>Assistant State Veterinarian
> Division of Animal Industry
> Colorado Department of Agriculture
Thursday, August 22, 2002 America Online: CDye500407
VP AGUILARS CORPORATION
4301 DENVER STREET• EVANS CO 80620
970-330-7086• FAX 970-330.7171
SEPTEMBER 13, 2002
TO WHOM IT MAY CONCERN
THIS IS TO CERTIFY THAT TWO 1000 GALLON SEPTIC TANKS'
WERE PURCHASED BY CRYSTAL DYE IN THE SUMMER OF 1998,
DELIVERY TO 20400 WCR 55 KERSEY COLORADO.
THANK YOU,
AGUILARS CORPORATION
MABEL S HEZ
MACKEY VETERINARY SERVICE, LLP
P.O.BOX 336204
GR.E.EL EY, CO. 80633-0604
(970)353-0995
To Whom It May Concern:
I was recently contacted by Crystal and Cordell Dye of 20400 WCF. 55,Kersey, CO.,
concerning county requirements for leech field and water use for their kennel.
Although I am their large animal veterinarian,I believe I am able to comment on the
requirements thai the county has set forth.
As I understand it, the county has no code for kennels, and uses state protocol. The Dyes
were told they must build for 30 gallons per day per dog. This amount of water is excessive even
for cows and I see no reason that dogs would require more than two to three gallons a piece per
day for adequate cleaning
I do not believe the state follows this protocol and suggest clarification of this issue be
established by the state so Weld County residents have a realistic case to follow.
Dr. La
wrence R. Mackey
r y7
at.•
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