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Home My WebLink About20041161.tiff Weld County Planning Department GREELEY OFFICE JAN 2 3 2004 Murata Farms, LLC 22000 W. C. R. 62 RECEIVED Greeley, CO 80631 Phone 396-8700 Fax 353-5715 Weld County Planning January 22, 2004 1555 North 17th Avenue Greeley, Colorado 80631 RE: USR-1441-Special Use Permit for Truck Terminal and washout Key provisions of the Food Safety Act 1990 Main Provisions Section 7 describes the offence of rendering food injurious to health and Section 8 sets out the offence of selling or possessing for sale food that does not comply with food safety requirements. This is food that has been rendered injurious to health, which is unfit for human consumption or is so contaminated that it would not be reasonable to expect it to be used for human consumption. Section 8 also states that if any part of a batch of food does not comply with food safety requirements the whole batch is presumed not to comply, unless the contrary is proved. The proposed truck terminal and washout is directly adjacent and would surround our onion storage buildings on two sides. We believe that this proposed facility would contaminate our onions, render our storage facility useless, and put us out of business. The terminal will hold and wash thirty to forty trucks that have hauled live cattle and hogs from feedlots. Our product is consumed by people of all ages. We strongly believe that this proposed facility would render our onion product unfit for human consumption by definition of the food safety act. The proposed facility and truck washout are in close proximity to our food storage facility. Bacteria, fecal dust and solids, flies, maggots and other contaminates can easily enter the building through the ventilation system. At any given time the six fans will circulate 2.6 million cubit feet of outside air per minute through the stored pile of onions. The combination of heat and humidity can cause the reproduction of bacteria to multiply exponentially. If any part of the batch of onions does not comply with food safety requirements it is presumed that the whole batch does not comply. (Section 8 of Food Safety Act 1990) Simply stated if this facility is allowed, we won't be able to sell our onions and our onion storage and drying system will be rendered useless for the purpose it was intended putting our business in jeopardy. EXHIBIT 2004-1161 .3 - Before the February 3rd hearing, we will provide letters from several produce companies who pack and market our onions to substantiate our concerns. Exposing our stored onions to known animal contaminants will render them injurious to health and unfit for human consumption. If we can't sell them we go out of business. It wouldn't be right or just for the planning department to give partiality to a non-existing business to the detriment of an existing one. Please do not grant the proposed permit for the truck terminal and washout. Cordially, cfriAd n ja414r Brian Murata member, Murata Farms, LLC Side note: When the airport was expanded, two county roads going east and west (CR 62 & 64) were closed to traffic. This necessitated more tractor and large farm equipment traffic onto state highway 263. The South Platte River and the airport expansion caused traffic of all types to funnel onto highway 263 in order to go east and west. If you were to increase this traffic with thirty to forty trucks being dispatched combined with the large and slow moving equipment and the narrow highway with deep ditches along the sides the situation becomes hazardous for all drivers. Weld County Planning Department GREELEY OFFICE MRLVIN DI31TNFIR, P.C. ,----. ATTORNEY AND COUNSELOR AT LAW JAN 2 8 2004 640 BANK ONE PLAZA GREELEY, CO 80631 RECEIVED (970) 3B2-2081 FAX(970) 382-9172 January 27, 2004 Department of Planning Services 1555 North 17th Avenue Greeley, CO 80631 Attention: Sheri Lockman, Current Planner Re: OBJECTION TO THE GRANTING OF APPLICATION BY FARMLAND RESERVE, INC., A UTAH NOT FOR PROFIT CORPORATION, FOR A TRUCK TERMINAL AND A 5 BAY TRUCK ,-- WASH FACILITY--FOR THE PRIVATE AND LIMITED USE BY L. W. MILLER TRANSPORATION, INC., A UTAH CORPORATION Case No. USR-1441 Applicant: Farmland Reserve, Inc. Part of Lot B RE1901,being part of the W/2 E/2, Section I, Township 5 North, Range 65 West of the 6th P.M., Weld County, Colorado Dear Ms. Lockman: This letter shall serve to advise you that I represent Greeley Washout, Inc., a Colorado corporation, with offices located at 1140 East 8th Street, Greeley, CO 80631. The Greeley Washout property containing 10.7 acres, more or less, consists of a 5 bay truck wash facility and office building. The Greeley Washout property is now and has for many years in the past been operating as a livestock trailer washing facility, open and available to the public seven (7) days per week,with hours of approximately 6:00 A.M. to 10:00 P.M., depending on weather conditions and the season of the year. The 5 bay truck washing facility is currently being utilized by L.W. Miller Transportation, Inc., a Utah corporation, (Miller Transportation) in connection with the washing of livestock trailer units. The Greeley Washout 5 bay facility is currently providing trailer washing facilities to livestock trailer units owned or operated by Miller Transportation on a weekly basis. During the year 2002 a total of 1411 livestock trailer units owned or operated by Miller Transportation utilized the livestock trailer washing facilities of Greeley Washout, Inc. During the year 2003 a total of (4 EXHIBIT V January 27,2004 Page 2 1976 livestock trailer units owned or operated by Miller Transportation utilized the livestock trailer washing facilities of Greeley Washout, Inc. During the year 1999 Ed Duggan, Inc., a Colorado corporation, sold and transferred to Miller Transportation 19 tractor and livestock trailer units. At the same time as a part of the sale of the tractor and livestock trailer units, Mr. and Mrs. Edmund J. Duggan (Edmund J. Duggan and Loa J. Duggan) and the Edmund J. and Loa J. Duggan Trusts leased to Miller Transportation the truck terminal facilities located at 1645 First Avenue, Greeley, Colorado consisting of the truck terminal facilities and office building. Miller Transportation continues to lease these facilities as of the present date. Miller Transportation utilizes these facilities for the movement into and out of said facility for approximately 50+tractor/trailer livestock units on a more or less daily basis, and dispatches from this truck terminal facility the movement of these tractor/trailer units, as well as numerous other tractor/trailer units, some of which are owned by third parties. It is necessary to indicate that Miller Transportation has heretofore entered into and is presently engaging in contractual arrangements for the movement of these livestock tractor/trailer units for and on behalf of Swift & Company, formerly ConAgra, formerly Monfort. Many of the tractor/trailer livestock units owned and/or operated by Miller Transportation utilize the truck washing facilities provided by Greeley Washout, Inc. As you are well aware, Farmland Reserve, Inc., a Utah non-profit corporation, formerly the Corporation of the Presiding Bishop of the Church of Jesus Christ of Latter Day Saints, a Utah corporation, has heretofore filed under USR#1441 an Application for a site specific development plan and special review permit for a business permitted as a use by right or an accessory use in the industrial zone district (agricultural truck terminal) in the (A-Agricultural)zone district for approximately 10 acres located in part of the Wi2E/2 of Section 1, Township 5 North, Range 65 West of the 6th P.M., Weld County, Colorado. This location is north of and adjacent to State Highway 263 and approximately one-quarter mile west of Weld County Road 49. The site plan consists of approximately 10 acres, more or less, in size. The application has been amended not only to include a so-called agricultural truck terminal,but also the site for a location of a 5 bay tractor/trailer livestock washing facility. Examination and inspection of the application material and documentation submitted to the Weld County Department of Planning Services indicates that the applicant has revised and expanded the proposed use of the 10 acre site. Initially,the applicant was requesting a site specific development plan and a special use permit for an agricultural truck terminal in the A-Agricultural zone district. The applicant has now revised, modified and expanded its application to include a truck washing facility for the tractor units and the livestock trailer units. January 27, 2004 Page 3 The application material is confusing in that some of the material and documentation indicates that Farmland Reserve, Inc., a Utah not for profit corporation is the Applicant. According to the Weld County real estate records, Farmland Reserve, Inc. appears to be the title surface owner of the property where the proposed truck terminal and truck/trailer washing facility is to be located. Some of the material and documentation submitted to the Weld County Planning Department indicates that Hancock&Associates, General Contractors,with offices in Ogden, Utah is the Applicant; other material submitted to the Weld County Department of Planning Services appears to indicate that L W. Miller Transportation, Inc., a Utah corporation, is the Applicant. Examination and review of the documentation and material submitted on behalf of the Applicant clearly indicates inconsistent, contradictory and erroneous information. The material submitted does not indicate what interest, if any,Farmland Reserve, Inc. has in L. W. Miller Transportation, Inc., a Utah corporation, nor does the material indicate the relationship between the trucking firm and the farm ownership. In the first instance, it is necessary to indicate that the Applicant,Farmland Reserve, Inc., a Utah non-profit corporation, is apparently attempting to create and establish a commercial truck stop for L. W. Miller Transportation, Inc., a livestock trucking firm that will be dispatching 40 to 50 or more tractor/trailer units on a daily basis. L. W. Miller Transportation, Inc. is a Utah corporation engaging in business for profitable purposes and will be utilizing the space provided on land owned by Farmland Reserve, Inc. as a commercial trucking operation engaged in business for profitable purposes. Some of the documentation submitted refers to the Applicant as Hancock&Associates,with address of 5100 South Washington Boulevard, Ogden,UT 84405-4500. This is not the case and is clearly erroneous. Hancock&Associates are General Contractors. Hancock & Associates is not the landowner, nor is this firm in the livestock trucking business(See large maps in the file). The party who will be utilizing the truck terminal facility and the truck/trailer washing facilities will be L. W. Miller Transportation, Inc., a Utah corporation. As an example, I call your attention to the letter dated June 25, 2003 from Earhart, Griffin&Associates, Omaha,Nebraska, to Gloria Heis- Heidler, Region 4 Access Manager, Traffic Section, Colorado Department of Transportation. The writer of this correspondence, Todd R. Pfizer, indicates that there would be six employees at the site indicating six ingress trips during the A.M. peak and six egress trips during the P.M. peak. This letter fails to clearly indicate that there will be approximately 40 to 50 drivers for the tractor/tractor units which will be making ingress and egress trips to the site and parking their personal vehicles on the site. The letter further indicates a maximum of 15 trucks dispatched per day. This fails to recognize that present daily operations of L. W. Miller Transportation, Inc., and particularly with January 27, 2004 Page 4 regards to its contractual operations with Swift&Company,will cause anywhere from 40 to 50 tractor/trailer units, or more, being dispatched on a daily basis. The maps prepared by Hancock& Associates clearly indicate 93 parking stalls on the property to be used as a part of the trucking operation. There appears also to be total inconsistency and contradictory statements in the material as to the hours of operation at the truck terminal and truck washing facility. Some documents refer to the fact that the truck terminal would be dispatching over a three hour period during the A.M. peak hours from 4:00 A.M. to 7:00 A.M. and would typically return with those trucks during a three hour period between 3:00 P.M. and 6: 00 P.M. Other documentation submitted with the material indicates that the truck terminal would operate from 7:00 A.M. to 8:00 P.M. daily and the livestock trailer washout hours would be 6:00 A.M. to 10:00 P.M. Monday through Saturday. The site development plan and use by special review(URR Questionnaire) item 2 indicates the following: "There is a need for a livestock washout facility in Weld County due to the numerous amounts of livestock-related operations in the county." The information provided by this statement is clearly and totally erroneous and is, in fact, a falsehood. Greeley Washout, Inc., a Colorado corporation, located at 1140 East 8th Street, Greeley, CO 80631 is now and has for many years been in existence,providing livestock tractor/trailer washing facilities for the public, including L. W. Miller Transportation, Inc. Greeley Washout, Inc. is open to the public and available for service seven days a week and open for service from approximately 6:00 A.M. to 10:00 P.M. on a daily basis, depending upon weather conditions and the season of the year. To attempt to indicate to the Weld County Department of Planning Services that no livestock washout facility now exists in Weld County, (which is available to the public at large), is indeed a falsehood. The access off of State Highway 263 appears to be totally inadequate for the contemplated operations and the number and type of vehicles and units going in and out of the premises. The current access route and driveway is a jointly owned dirt access route owned by both Farmland Reserve, Inc. and Murata Farms, LLC—with each owning one-half(1/2) of the roadway. I have been advised by Brian Murata of Murata Farms, LLC, the adjacent landowner, that nearby onion storage sheds (holding onions in storage)will be seriously and detrimentally affected by the construction of the truck terminal and the truck/trailer washing facility. January 27, 2004 Page 5 The application for the truck terminal and the truck/trailer washing facility should be denied. Very trul \A.KOLW MELVIN DINNER MD/as Cc: Greeley Washout, Inc. Farmland Reserve, Inc. Murata Farms, LLC 01/28/2004 08:48 GRIFFIN HOLDER CO 4 GRIFFIN GREELEY NO. 160 P001 home office sales &transportation —ohone: 719-254-3363 fax. 719-254-3367 phone. 800-525-5397 tax: 800-544-7973 griffin holder company p.o.box 511 • rocky ford,coloredo 81067 Weld Coin{., nl^^yonn 1lpnartmnnt WELD COUNTY PLANNING k t L c I V c0 1555 NORTH 17Th AVENUE GREELEY,CO 80631 RE:USR-1441-SPECIAL USE PERMIT FOR TRUCK TERMINAL AND WASH OUT DEAR SIRS. wE STRONGLY OBJECT TO THE ABOVE-MENTIONED TRUCK WASH OUT STATION BEING LOCATED AS PROPOSED. WE DO NOT OBJECT TO THE TRUCK TERMINAL ITSELF. OUR GREELEY BASED FACILITY FOR GRADING AND STORING ONIONS WOULD BE NEGATIVELY AFFECTED BY THE WASH OUT STATION AND COULD FORCE US INTO A 1v1 AL CLOSURE. THE ONIONS GRADED AND STORED AT THIS LOCATION ARE MARKETED NATION WIDE. OUR MAJOR NATIONAL CUSTOMERS REQUIRE AN ANNUAL FOOD SAFETY AUDIT. IF WE FAIL THIS AUDIT WE NO LONGER CAN ECONOMICALLY OPERATE THIS FACILITY. GRIFFIN HOLDER'S ANNUAL BUDGET FOR OUR GREELEY FACILITY IS IN EXCESS OF 2.5 MILLION DOLLARS. THIS MONEY STAYS MAINLY IN THE WELD COUNTY AREA WITH GROWER PAYMENTS, REPAIRS,SUPPLIES, AND PAYROLL. THANK YOU IN ADVANCE FOR CONSIDERING OUR STRONG OBJECTION TO THE TRUCK WASH OUT STATION. SINCERELY, � Lit JiTSTIN ENSOR PRESIDENT EXHIBIT 15c i Weld County Planning Department GREELEY OFFICE EILDIScS. PEOIDU€F9 CAD. JAN 2 9 ZOOL SPECIALISTS IN POTATOES 2438 E.8TH ST., BOX 816 RECEIVED • •. GREELEY, COLORADO 80632 Di OFFICE PHONE'970-353-1864 SEASONAL:COLORADO-ARIZONA-TEXAS FAX M PHONE: 970-351-7007 January 29, 2004 Weld County Department of Planning Services 1555 North 171h Avenue Greeley, CO 80631 RE: USR-1441 SPECIAL USE PERMIT FOR TRUCK TERMINAL AND WASH OUT Dear Planning Commissioners: We would like to submit our objection to the above request as proposed on the grounds that this plan could adversely affect our produce storage business.. Our vegetable storage bins are filled with onions, carrots, and potatoes destined for human consumption. Consequently, we are bound to follow prescribed Federal and State safety regulations. The proposed truck wash would contaminate the air with dust, bacteria, fecal matter, etc. as well as contribute to the growth of insect populations including flies and mosquitoes. Our ventilation systems would pick up these particles and push them through our storage facilities risking contamination. This business contributes to the economy of both Weld County and the city of Greeley. Please take this information into consideration when making your decision. Thank you. Sincerely, Robert D. "Bud" Bliss President RDB:cm EXHIBIT ig I Si Fagerberg Produce Company P.O. Box 8 Eaton, Colorado 80615 • (970) 834-1353 or 834-1354 February 1, 2004 To Whom It May Concern: This letter is in reference to a proposed truck washout facility to be built east of Greeley on the South Platte Farms property. As an onion processing shed, we have received onions from an onion storage shed located very close to the proposed washout, which is why we oppose the building of the facility in this area. In 1997 the President of the United States announced a plan to ensure that fruits and vegetables consumed by Americans meet the highest health and safety standards. The FDA and USDA issued "Guidance for Industry—Guide to Minimize Microbial Food r Safety Hazards for Fresh Fruits and Vegetables." In this guide, growers, packers, and shippers are urged to take a proactive role in minimizing food safety hazards potentially associated with fresh produce. Pathogens of public health significance, from animal manure, can contaminate produce through ground water runoff or air movement. The guide also recommends that manure storage should be situated as far as practicable from produce handling areas. We feel the first steps to ensure food safety is to reduce the exposure of this storage shed. We do not oppose the building of a truck washout, but do oppose it being built at this location. Sincerely, r .C Lynn Fagerberg [1. EXHIBIT 1 5e 2-02-2004 3:35PM FROM MELVIN DINNER, ATTY. 970 352 9172 P. 1 MELV;N DINNER, P.C. ATTORNEY an COUNSELOR AT LAW Go minim on PLAZA ORIDIDLEY- CO 6oeRt (9170)$e'2-3061 FAX(970)362-9172 February 2,2004 VIA FACSIMILE TRANSMISSION 3046498 Department of Planning Services 1555 North 17th Avenue Greeley,CO 80631 Attention: Sheri Lockman, Current Planner Re: OBJECTION TO THE GRANTING OF APPLICATION BY FARMLAND RESERVE,INC.,A UTAH NOT FOR PROFIT CORPORATION,FOR A TRUCK TERMINAL AND A 5 BAY TRUCK WASH FACILITY-FOR THE PRIVATE AND LIMITED USE BY L. W. MILLER TRANSPORATION,INC.,A UTAH CORPORATION Case No. USR-1441 Applicant: Farmland Reserve, Inc. Part of Lot B RE 1901,being part of the W/2 E/2, Section 1, Township 5 North, Range 65 West of the 6`h P.M., Weld County, Colorado Dear Ms. Lockman: As you are well aware from my correspondence heretofore submitted to the Weld County Department of Planning Services, I represent Greeley Washout, Inc., a Colorado corporation,as an objector to the above numbered Application for a truck terminal and truck/trailer washing facillity, presumably by Farmland Reserve, Inc., or Hancock &Associates, or L. W. Miller Transportation, Inc., or all of them. It is my understanding, which you have confirmed, that the hearing scheduled before the Weld County Planning Commission on this Application for Tuesday,February 3, 2004 has been vacated and is tentatively now scheduled for the next hearing date on Tuesday,March 2, 2004. 11. EXHIBIT 5C 2-02-2004 3:35PM FROM MELVIN DINNER. ATTY. 970 352 9172 P. 2 February 2, 2004 Page 2 As indicated to you during the course of our telephone conference of Monday,February 2, 2004, 1 will be in California on Tuesday March 2,2004 and thus, unavailable to be present at the hearing. As indicated to you during the course of our telephone conference, I will be gone the month of March 2004. Accordingly, I would appreciate your arranging with the Planning Commission to vacate the hearing of March 2, 2004 and reschedule this hearing for Tuesday, April 6, 2004. I would therefore appreciate your bringing this matter of my request for further extension of the hearing from March to April to the attention of the Planning Commission at their scheduled hearing on Tuesday,February 3, 2004. I would appreciate your notifying me of the Planning Commission decision concerning my request for further extension. truly Very tLao_aLc—\ke_A_A_a_a_s__ MELVIN DINNER MD/as Enclosure MURATA FARMS, LLC 22000 W. C. R. 62 Greeley, CO 80631 Weld County Planning Department P g Fax 970-353-5715 Cell 970-371-5938 GREELEY OFFICE February 17, 2004 FEB 1 7 2004 Weld County Planning Department RE C c I V E D Sheri Lockman 1515 N. 17th Avenue Greeley, CO 80631 Ms Lockman: We have some serious concerns with L. W. Miller's application for a truck terminal and washout we would like to address. First of all, The number of names listed on the petition and their associations leaves the use unlimited. Proposal claims use that is less than their daily operation now of 40 to 50 trucks and the map they submitted shows 93 parking stalls instead of 50. L. W. Miller's Trucking operation grew by 565 loads from 2002 to 2003. What is limiting them from a continual increase? Each increase compounds potential problems. Another concern is what is going to happen with all the water in the reception pit when it becomes full? We would strongly object to any attempt to eliminate the reception pit water through the nearby sprinkler, because of the horrendous odor it will cause, attracting more disease carrying flies that can easily enter our onion storage units when the unit opens a large window pulling outside air and flies inside. The potential contamination grows with each truck driving through bringing fecal matter from every feedlot and dairy being dispatched or washed out near our onion storage units. Many outbreaks of food borne illness cross-geographic lines threatening our food supply. Campylobacteriosis is a disease caused by the C.jejuni bacteria found on flies, healthy cattle and non-chlorinated water such as ponds and streams. Animal feces are a known source of pathogens that can cause food borne illness. October 1997 the Clinton-Gore administration developed guidance on good agricultural and manufacturing practices for fruits and vegetables. This initiative was to help stop food-borne disease outbreaks quickly and to improve prevention systems. They are encouraging producers to adopt voluntarily practices that promote food safety. We are to "assess the prevalence and likelihood of significant amounts of uncontrolled deposits of animal feces coming into contact with crops, and consider measures to insure that animal waste from adjacent fields or waste storage facilities does not contaminate the produce production and storage areas destined for the fresh produce market.' The CDC Food borne and Diarrhea) Diseases Branch identifies causes and sources of bacterial food borne and diarrhea illness in order to develop new prevention and control methods. Investigations have identified major new food borne pathogens. As a result of these investigations, new prevention efforts are being implemented to improve the safety of food and water. The branch is the national reference laboratory for campylobacteriosis and other similar infections. Campylobacteriosis is a disease caused by C.jejuni bacteria found in healthy cattle, flies and non-chlorinated water sources such as ponds. It is also often known as camplyobacter enteritis or gastroenteritis. The infective dose of C.jejuni is considered to be small. Surveys EXHIBIT have shown that C.jejuni, is the leading cause of bacterial diarrhea) illness in the United States. It causes more disease than Shigella spp. and Salmonella spp. combined. The illness usually occurs 2-5 days after ingestion of the contaminated food or water. The illness generally lasts 7- 10 days, but relapses are not uncommon. Dan Glickman, the Secretary of Agriculture, On February 23, 1999 said "Food can be contaminated at any point from farm to table, and it becomes crystal dear that we need our respective strengths, resources and people power working together to create a seal of safety for consumers that covers every kind of food." Please work with us to prevent potential contamination of our onions. We have proven that the potential is there. L. W. Miller Transportation, Inc. and the Farmland Reserve, Inc. should have to prove that they wouldn't contaminate them. Sincerely, 4"L w� Brian Murata, manager Murata Farms, LLC RROM : FAX NO. : Feb. 23 2004 10:40RM P2 ... FEB-R3 ?2c14 39:Ell FRO'^:JE SEM C IJ 19T25.,i207461 TC 73575374 4 7:2'-2 JENSEN ONION P o BOX 592 FORT MORGAN,CO 80701 PHONE(970)5a-0452 SHIPPING ADDRESS:JENSEN ONION FAX(970)542.0451 19974 MCR"8" E-MAIL Ien!enoaion6i1vOoQ,com FORT MORGAN,CO 80701 To whom it may concern; I am an onion grower,packer, and shipper in Morgan county; CO, I have onion storages in close proximity to a fairly large feed lot(approximately 200 yards) and have not __ experienced any problems with onion quality due to odors from said lot. Run-off from a livestock confinement or wash-out facility to a production field could cause problems by contamination. Larry E Jensen, Co-Owner Jensen Onion 7 i EXHIBIT FROM : FAX NO. : --- Feb. 23 2004 10:40AM P3 02/23/2004 07: 50 775463:.. SNYf,�F_k LI'JtcT:AIY:: PAGE 01 ^ SNYDER re% II J Livestock Co., Inc. P O, Sox 55Q. verington, NV 89447 (702) 463.2677 February 21,20O4 - -- _&Yr° 431.1 Highway 66 Longmont,CO 80504 970.535.9318 Fax: 970.535.9854 At: Lauren Light Deer Ms.Light I write in response to your inquiry about problems we may have experienced due to the close proximity of a feedlot to our onion storage and packing shed. We have had no problems whatever. Our anion packing and storage facility is adjacent,on two sides,to a cattle feedlot and separated by about 300 feet. We have operated this packing shed next to the feedlot for 12 seasons and have experienced no problems of any kind due to the location. I hope this is a help to you.Call again if you have further questions. Sincerely, Jim nyder Fann Manager I. EXHIBIT g 5c- ke Weld County Planning Department C '.1ELEY OFFICE Bury tali Is Luck FEB 2 3 2004 23700 Hwy. 263 P. 0. Box 1254 Greeley, CO 80631 970-339-3961 RECEIVED February 23, 2004 Weld County Planning Department Sheri Lockman 1515 N 17th Avenue Greeley, CO 80631 Reg: USR-1441 Special Use Permit for Truck Terminal and Truck Wash Ms. Lockman: We are writing in reference to the above listed proposed site-specific development plan for the agricultural truck terminal and truck wash. In March, 2002 we purchased an acreage of land at 23700 Highway 263, legal description SE 1/4 of Section 1,Township 5 North, Range 65 West of the 6th PM, Weld County, Colorado(parcel #09610100088). This land was previously the Weld County Humane Society facility. When it was closed, it was sold and the dome building was demolished. The owner at that time placed a modular single family home and built a two-place carport. We have resided at this location since that date. By mail we received notification of the hearing for the proposed truck terminal and October 6, 2003, we contacted the Planning and Zoning office, and requested copies of part of the file for USR-1441. The October 7, 2003 meeting was continued and now we received notice of the upcoming February 3, 2004 meeting. While reviewing the file, we noticed that there is neither mention nor disclosure of the private residence located at 23700 Highway 263, Greeley, Colorado. Our property is directly to the south, across Highway 263 from the Murata onion warehouse, and the proposed truck terminal and truck wash. 1. Per the site specific development plan and use by special review(USR)application signed by Lauren Light dated 7/17/03: Section 4 answer: "The surrounding uses consist of agricultural operations such as onion storage, farming and feedlots. The Greeley/Weld Airport is located to the west. As the proposed facility is located in the airport overlay zone there will not be any residential uses located in close proximity to the truck terminals" lcl IWSec�tion 6 answer: "As mentioned previously in this report the surrounding uses consist of agricultural operations such as onion storage, farming, feedlots and the Greeley/Weld Airport is located to the west. The proposed facility is located in the airport overlay zone so there will not be any residential uses located in close proximity to the truck terminal. Many of the land uses that are located adjacent to State Highway 263 are industrial type uses. The property owners also own the majority of farmland surrounding the proposed truck terminal." r EXHIBIT 5-� I USR-1441 page 2 1. The Field Check signed by S. E. Morkay dated 12/18/03, list the property located to the south as CDOT Operation, which is actually to the west of our property. Of course, when we were dealing with the realtor, we were completely aware of the feedlots and the agricultural uses of the surrounding property, but were not informed of this proposal. Therefore, we have concerns regarding quality of life, environmental issues, (flies,mosquitoes,West Nile,since in 2002 Highway 263 was the north boundary in this area for Weld County's mosquito spraying program), property devaluation, additional traffic, noise, pollution and road safety. During the recent expansion at the Greeley/Weld County Airport several of the county roads were closed. This impacted Highway 263 with more agricultural equipment, semi trucks and private vehicle traffic, both east and west. We would like you to request that a traffic survey be done. This last fall, this portion of Highway 263 was resurfaced, with no changes or allowances made for the additional traffic. There were no additions for egress or ingress lanes, no shoulder work, and no widening of the existing roadway. Egress and ingress lanes are provided at the CDOT facility, which has less traffic accessing that facility than the proposed facility site. With the amount of traffic currently in this area, we have seen several near accidents. This is substantiated by the braking skid marks along this stretch of road; vehicles travel at high rates of speed, and are potentially dangerous. We have concerns for our health in regards to the pond(s)for the wash facility. This will cause more airborne bacteria, contaminates, flies, more mosquitoes and additional odor and dust. There are additional issues with the amount of solid waste, storage of solid waste from the truck wash pond, and of the non- circulating, non-aerated, evaporative standing water. I assume that the Weld County Health Department and the EPA would be required to review, research and request requirements be met and in full compliance. Further issues and discrepancies in the documentation are as follows: • Fire protection to be supplied by Western Hills. We contacted Union Colony Fire Department to confirm and verify the district boundaries, for our insurance provider, and were told that we were just within the boundary for their district and protection. • Reference to drainage, historical flow patterns and old ditch has been changed(see maps attached). • If a traffic study is facilitated, and egress and ingress lanes are required, then the water drainage, historical flow pattern would further be impacted. • Buffering, privacy screening, landscaping and fencing issues seems unresolved. • Agricultural service establishment in performing agricultural services for fee or contract basis. Is this open-ended?Is there a concise definitive definition to what is allowed for performing agricultural services rendered? Shall this then be allowed to be a commercial truck repair or wash facility?What will be the total impact? • Letter from Todd Pfitzer dated June 25, 2003 to Gloria Hice-Ider at Colorado DOT stated maximum of 15 trucks dispatched per day. How many trucks could be expected to utilize the repair or wash facility? There is reference to parking for 30 to 40 trucks. • In the files, all references are to agricultural, are these trucks licensed as agricultural, or as commercial? USR-1441 page 3 • Issues to the parking area and entrance whether gravel or paved. • In a letter from Jeff Reif, Building Official to Farmland Reserve,Inc. dated September 9, 2003, there is reference to an existing dwelling, with reference to demolition. Where is this existing dwelling located? • Shared access to the property,with Lot A. Projected right of way is 75' north of Highway 263 centerline. The power poles are located to the west of this access road; will they have to be moved? • Number of cars. Including personnel and guests for drivers accessing property daily? • Need 30 drivers for 15 trucks dispatched per day. Are trucks tandem team driven? From the proposed information as it is presented in the packets, there appears to be issues that have not been addressed. Those being: A. An existing long time produce grower, (multiple generational family business)to continue with the storage of their onion crop, in a warehouse that was built to on Lot A some time ago. Obviously, the county was involved in the decision to allow for this provision. B. The County also allowed. Our residence, with building permits. Do you at this time, say that a new incoming proposed agricultural business has the right to supercede the rights of the Murata family to provide for their families with their existing business and/or our right to our home, with quality of rural life? Sincerely, Henry Lauck Lola Jo Lauck CC: Weld County Commissioners Attachments 1 r.. ^.. ..1';j� I �\ InT II Or*tow I ' i i \\ i f \ f . \ . r. \ m~ // I I /20120Nre\ / / I \ -- -- / 1 f ;! 2 1G� i � ice u«.,,al., • y ' \ �`. . . y I1 \ . aelis I \ • dIXIIII NMI 1 III. .IMO 1 mat 0 263 b0/ZI/I anay-apooug2S*aiuy-uuo3'inoPlam-=awrNaa!,uagi.,dewusg dewusa usawoa�alniasnuoo xawaw•sdew//:dllq P .11;r : u Li ❑ qr.'.__._..� u Ka ' ? @� fin. �` 4h ePnele�•.Syvne7 PPM El , ,,, stet . %. . ,4,.( 4`, u w �a s"'. . 9 '� xt - w ❑ r x� % fg .'' i +'¢�55 y 44,c,IA h*s o x ' ❑ - 3� rr Ajryr r L . rxx ti4,4 c4❑ r as rte. . ❑ i � r. �w"- xt 1 t �,�. r, pt.ra6a1 ? rig y f . 3 _ Z .'WILD 9Z. ;4L 4� 4L y_B / eI — opeJoIo3 `Aiunoo plats Z Jo 1 abed opeioloj`,flung PPM Colorado West Nile Virus Map Page 1 of 3 US aim foray set West Nile Virus - Colorado Cumulative Human Map — These data are based on information voluntarily r reported by state health officials to CDC. West Nile Virus (WNV) infection was determined by laboratory L — ' testing. Case locations are based on the county of residence (or county equivalent) of the patient, not the medical facility location. Note that the map includes all areas of positive (confirmed or probable) WNV results, but not necessarily all areas with submitted samples or no reports. Note: These data are provisional and may be revised or adjusted in the future. CDC only collects data on positive test results for this surveillance category. Additional surveillance data may be available at the state/local level. WY A NE 1 393 376 80 il 56 9 IIWI 1 373 4 — 135,za X13 c7 2 1 1 119 http:/hcestnilemaps.usgs.govlcolorado/co_human.html 1/29/(14 Colorado West Nile Virus Map Page 2 of 3 16 1 8 $ +� 91 ; I 67 8 ma 4 11.1 weAliPirlii 164 26 4 2g 8 7 4 Elk 1 p� 12/10/03 N M Humans: kJ 3 : Lr5C" d * as i f d . m U' A i r e '� x r. h r " 4b s r It.::-'ls Ile " "$ 7 '' ��k k I. 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Cumulative positive cases: Adams County 213 Kit Carson County 5 Alamosa County 2 La Plata County 7 Arapahoe County 119 Larimer County 393 Baca County 5 Las Animas County ,7 Bent County 4 Lincoln County 8 Boulder County 373 Logan County 80 Broomfield County 24 Mesa County 16 Chaffee County 7 Moffat County 1 Cheyenne County 4 Montezuma County 4 Clear Creek County 1 Montrose County 8 Conejos County 1 Morgan County 56 Crowley County 4 Otero County 26 Delta County 8 Park County 1 Denver County 123 Phillips County 23 Douglas County 34 Prowers County 29 Eagle County 1 Pueblo County 164 http://westnilemaps.usgs.gov/colorado/co_human.html 1/29/04 Colorado West Nile Virus Map Page 3 of 3 Elbert County 4 Saguache County 1 Fremont County 67 Sedgwick County 13 Garfield County 2 Summit County 2 Grand County 1 Washington County 9 Huerfano County 9 Weld County 376 Jefferson County 135 Yuma County 13 Cumulative Report Maps for the year 2003, Colorado Cumulative Bird Cumulative Veterinary Cumulative Mosquito Cumulative Sentinel Links Colorado Department of Public Health and Environment Go Back West Nile Maps Home For further information or questions, please contact the Centers for Disease Control and Prevention: (970) 221-6400 email: dvbid@cdc.gov U S. Department of the Interior I U.S._Geological Survey http://westnilemaps.usgs gov/colorado/co_human.html Te}}i� ( }r1 Contact: ERG Web Team j IRS I l 7l J roa foil Vitt roin,u4,a=.,c Last modification: Wednesday. 10-Dec-2003 09:40:10 EST USES Privacy Statement I Accessibility I Disclaimer http://westnilemaps.usgs.gov/colorado/co_human.html 1/29/04 Human West Nile Virus, Colorado 2003 Page 1 of 8 Human West Nile Virus Infections: Colorado, 2003 * Last updated January 22, 2004 Cf.)`..iN: Of Q :.S:.U¢:.ikt:. S4:5=:r:n.:' 157 39 35 231 4 1!,tt.;r. :,. 3 3 . °.r 1 p:,: o._: 104 23 11 138 4 t:,,,,,.:-,:5: 5 5 : .. -k 5 1 6 c'. 369 38 14 421 5 ,s 6t.),.≤lic, if' 44 9 2 55 . :t:.. :. .. 4 3 7 . 1.“.-.. ...^1{,i. 2 1 1 4 . �. c..(1 c;.>F.j: 1 1 :y;a:r.,at. 1 1. .. .. . -• . 2 2 4 ::�:t.t=:' 7 3 10 ["r. ,;- 110 39 13 162 8 :,-Qt: :. 27 9 3 39 . rni.0{• 1 1 i r ;¢< ., 85 16 13 114 1 rThcx1 7 1 8 -' :=rt 68 1 7 76 2 : ,ctrticii 2 2 I.::ca ts(3 1 1 .,,`.,)$:ar:c.: 8 1 1 10 -•' <:_ ,.ei:+ 110 32 15 157 3 :1; 1 1 . http://www.cdphe.state.co.us/dc/Zoonosis/wnv/HUMAN_WNV_03.HTML 1/29/04 Human West Nile Virus. Colorado 2003 Page 2 of 8 5 5 . ....a €- < ., 10 3 1 14 . -1, ”3-!.1- 481 38 25 544 8 .t,-; Ca r. .m)Cf`.3 3 4 7 . _i;;r::!....,s 4 3 1 8 2 <)c:,a.Y: 69 4 11 84 2 !*10.,!,.J.! 13 4 2 19 2 .e.to}'f ',Y 2 2 k vrio < ., �=_•: 5 2 2 9 . MC,'Cc,:x: 51 3 7 61 . ;)f,x 23 4 1 28 2 €`r;j= 1 1 4t;4 ,; 21 2 23 . ,2z.:;,,,-,,,•;1.:. 40 1 2 43 . 01.,,,D1,-., 136 35 12 183 6 €d a c;r :r?.<.. 2 1 3 . :• c'4c..:z,.- if` 2 2 _,��,;,i,. 3 3 4, 9 1 10 284 79 39 402 5 v).::m., 16 1 17 =.01,.. ! 2322 390 231 2943 54 Counties not listed have no verified human cases of WNV http://www.cdphe.state.co.us/do/Zoonosis/wnv/HUMAN_WNV_03.HTML 1/29/04 Human West Nile Virus,Colorado 2003 Page 3 of 8 Clinical Diagnosis Associated with Human West Nile Virus Infections: Colorado, 2003 .rr :1-1 78.9 13.3 7.8 100.0 http://www.cdphe.state.co.us/dc/Zoonosis/wnv/HUMAN_WNV_03.HTML 1/29/04 Human West Nile Virus,Colorado 2003 Page 4 of 8 New cases of WNV reported on January 22, 2004 Boulder Female 21 26AUG03 Boulder Male 33 01JUL03 Jefferson Female 52 26JUL03 Larimer Male 29 17AUG03 Larimer Male 54 25AUG03 Larimer Female 42 26JUL03 Larimer Female 34 27AUG03 Larimer Female 22 19AUG03 Larimer Male 37 025EP03 Larimer Male 47 16SEP03 Larimer Male 18 25AUG03 Larimer Male 51 23AUG03 Larimer Male 39 19AUG03 Larimer Male 62 08AUG03 Larimer Female 54 26AUG03 Larimer Female 23 31AUG03 Larimer Male 50 07SEP03 Larimer Female 31 02SEP03 Latimer Female 66 19AUG03 Larimer Male 54 22AUG03 Larimer Female 51 15AUG03 Larimer Female 36 30AUG03 Larimer Female 54 12OCT03 Larimer Male 27 25AUG03 Larimer Female 32 05SEP03 Larimer Male 47 15AUG03 http://www.cdphe.state.co.us/dc/Zoonosis/wnv/HUMAN_WNV_03.HTML 1/29/04 Human West Nile Virus. Colorado 2003 Page 5 of 8 Larimer Male 49 06SEP03 Larimer Male 23 18AUG03 Larimer Male 42 31AUG03 Larimer Male 47 03SEP03 Larimer Female 46 16AUG03 Larimer Male 63 15AUG03 Larimer Female 48 02SEP03 Larimer Male 62 22AUG03 Larimer Female 50 15AUG03 Larimer Female 54 25AUG03 Larimer Male 53 15SEP03 Larimer Female 50 14SEP03 Larimer Female 31 23AUG03 Larimer Female 47 03AUG03 Larimer Male 69 12SEP03 Larimer Female 45 24AUG03 Larimer Male 78 07SEP03 Larimer Female 59 28JUL03 Larimer Male 52 24AUG03 Larimer Female 28 31JUL03 Larimer Male 58 08SEP03 Larimer Female 54 17AUG03 Larimer Male 67 12SEP03 Larimer Female 28 02SEP03 Larimer Female 48 06SEP03 Larimer Male 24 26JUL03 Larimer Female 53 05SEP03 Larimer Male 46 24AUG03 Larimer Male 59 13SEP03 Larimer Female 32 31AUG03 http://www.cdphe.state.co.us/dc/Zoonosis/wnv/HUMAN_WINIV_03.HTML 1/29/04 Human West Nile Virus. Colorado 2003 Page 6 of 8 Larimer Female 39 26AUG03 Prowers Male . 15AUG03 New cases=5S * Age not shown for cases from counties with less than 100,000 residents http://www.cdphe.state.co.us/dc/Zoonosis/wnv/HUMAN_WNV_03.HTML 1/29/04 Human West Nile Virus, Colorado 2003 Page 7 of 8 Cases of West Nile Virus by Age Group & Gender: Colorado, 2003 8 5 13 • 15 4 19 VI, 14 24 11 35 f5- 67 55 122 2,2 69 66 135 70 88 158 4 ~ , . b. z-t 94 107 201 ;-.s' 107 136 243 -#.t) .4,4 179 181 360 173 214 387 54 189 174 363 107 122 229 -j' -3 91 91 182 =::":'s9 68 63 131 7 69 70 139 19 50 62 112 80 81 24 42 66 8!;i 16 19 35 5 8 13 <::t:;;►. 1425 1518 2943 ' http://www.cdphe.state.co.us/do/Zoonosis/wnv/HUMAN_WNV_03.HTML 1/29/04 , Human West Nile Vines, Colorado 2003 Page 8 of 8 Analysis of WNV Cases by Age 2943 47.2 47.0 0.0 95.0 The Mean or Average is the sum of all ages, divided by the total number cases The Median is the AGE in which half the cases are higher in AGE and half the cases are lower in AGE An age of 0 represents a child less than 1 year of age http://www.cdphe.state.co.us/do/Zoonosis/wnv/HUMAN_WNV_03.HTML 1/29/04 02/26/2004 10:55 GRIFFIN HOLDER CO 9 GRIFFIN GREELEY NO.405 P001 iI home office sales&transportation phone- 719-254-3363 fax:719-254-3367 h phone:800-525-5397 fax.800-544-7973 griffin holder company p.o, box 511 • rocky ford,colorado 81067 WELL)COUNTY PLANNING 1555 NORTH 17TH AVENUE GREELEY,CO 50631 RE:USR-1441-SPECIAL USE PERMIT FOR TRUCK TERMINAL AND WASH OUT DEAR SIRS, WE AGAIN WISH TO COMMUNITCATE OUR STRONG OBJECTION TO THE TRUCK WASH OUT STATION BEING LOCATED AS PROPOSED. WERESPECTFULLY REQUEST THAT PRIOR TO YOUR CONSIDERATION OF THIS PROPOSAL AN ENVIRONMENTAL STUDY BE CONDUCTED BY AND INDEPENDENT AGENCY TO ASSESS THE IMPACT TO THE SURROUNDING AREA. WE WOULD ALSO REQUEST THAT THE WELD COUNTY HEALTH DEPARTMENT CONDUCT RESEARCH INTO THE POTENTIAL HEALTH HAZARDS,SUCH AS MAD COW DESEASE,THAT SUCH A FACILITY MAY CREATE. THANK YOU FOR CONSIDERING OUR REQUEST SINCECwv LY, OR PRESIDENT EXHIBIT Sk Sheri Lockman ,From: Suslow, Trevor[Suslow@vegmail.ucdavis.edu] ant: Friday, February 27, 2004 1:38 PM Subject: RE: insight into aerosol dispersal of human pathogens from manure sources POF Part.001 (16 KB) Preharvest_Factors Header(1 KB) _and_Risk204... I have read your letter and a responsible and detailed response would require a considerable investment of time that is currently not possible within my immediate schedule and commitments. I brief, I agree that this situation needs to be evaluated carefully in regards to the potential risk of aerosol or human or animal vector transfer of pathogens of concern in food safety. There are few published studies that specifically relate to distances of pathogen transfer as particulates in aerosols and their survival, but the potential is recognized as a legitimate risk factor. . There are several published reports that confirm pathogen dissemination from a point-source, such as sprinklers, within micro-droplets. We have done some studies monitoring transference of indicator bacteria to production crops in proximity to concentrated animal facilities. These are areas that need greater attention as many of our plant, postharvest handling/shipping and animal ag-industries are "pushed into closer and closer proximity due to land availability issues. Contamination of the onions and survival of pathogens of concern is not a certainty but is easonable cause for caution. A detailed analysis of the risks would seem a responsible and prudent activity to pursue. Attached is a publication from a refereed on-line journal for which I was the lead author. It may be contain helpful background. Trevor V. Suslow, Ph.D. Extension Research Specialist Postharvest Quality and Safety from Seed to Shelf One Shields Ave. University of California Dept . of Vegetable Crops, Mann Lab Davis, CA 95616-8631 tvsuslow@ucdavis.edu 530.754 . 8313 office ^530. 7524501 lab 330.752. 4554 fax EXHIBIT http: //ucgaps.ucdavis.edu 1 5 1 http: //ucfoodsafety.ucdavis.edu http: //vric.ucdavis.edu ttp: //postharvest.ucdavis.edu From: molly murata [mailto:mol3bri@yahoo.com] Sent: Thursday, February 26, 2004 12 :28 PM To: tvsuslow@ucdavis.edu Subject: insight into aerosol dispersal of human pathogens from manure sources Murata Farms, LLC Onion Drying and Storage 22000 W. C. R 62 .,reeley, CO 80631 Dr. Trevor Suslow, University of California Davis, California 530-754-8313 Dear Dr. Suslow, Dr. Steve Lindow, from the University of California, Berkeley, suggested that I contact you. He said that you have done work that addresses aerosol dispersal of human pathogen from manure sources and should be able to provide more insight into the risks associated with the operation I have described below. Regarding Special Review Permit USR-1441 .gricultural Truck Terminal and Washout application to share highway entrance and adjacent property with our onion drying and storage units. 2 The application is for a 40-50 tractor-trailer trucks that haul pigs and cattle which includes a five bay washout area and waste water storage pond. When the pond is full, the owners plan to use the nearby irrigation sprinkler to spray the farmland that surrounds our onion shed on three sides. The exposed sides of the onion shed include the four large --ay doors where we load and unload the onions as well as the ventilation window that opens o let in air to help control humidity and heat of the onion piles . Onions in storage cannot be insured. We are concerned that disease carrying flies, fecal particles kicked up by trucks entering and exiting, humidity from waste water pond and irrigation sprinkler will cause bacteria growth problems and contamination to our onions, the nearby Ogilvy irrigation ditch that runs into the South Platte River, and the farmland that they intend to irrigate with the waste water from the wash out . Please share your expertise on this situation. Can this truck terminal and washout cause potential contamination to our onions? What potential types of disease causing bacteria are included, how does it travel, multiply, and what does it need to live? Can disease causing bacteria go dormant and become active again? A letter from you will be greatly appreciated. Please include your credentials. Your letter will also be forwarded to the Weld County Colorado Department of Planners who will be deciding MARCH 3, 2004 whether to permit this business to locate adjacent to our onion warehouse. Your research on food borne pathogens is very important and can contribute greatly to ensure food safety for consumers . Applying your expertise in this real life situation will add to the value of the hard work and time that you have invested. Thank you for assisting us in this matter. ,incerely, Molly Murata 970-353-5594 FAX 970-353-5715 Cell-970-371-5938 Do you Yahoo! ? Get better spam protection with Yahoo! Mail <http: //us.rd.yahoo.com/mailtagus/ *http: /antispam.yahoo.com/tools> 3 Hello