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HomeMy WebLinkAbout20041958.tiff RESOLUTION RE: ACTION OF BOARD CONCERNING VIOLATION OF SECTION 23-4-710, LIVESTOCK FEEDING PERFORMANCE STANDARDS, OF THE WELD COUNTY CODE - CONAGRA CATTLE FEEDING COMPANY, GILCREST FEEDLOT WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS,the Board has been presented with a recommendation from the Weld County Department of Public Health and Environment to authorize legal action by the County Attorney's Office, followed by a subsequent request to continue the consideration of the request to proceed with legal action against ConAgra Cattle Feeding Company - Gilcrest Feedlot, and WHEREAS, a hearing before the Board was held on the 10th day of November, 2003, at which time the Board deemed it advisable to continue said matter to June 30, 2004, to allow ConAgra Cattle Feeding Company - Gilcrest Feedlot adequate time to comply with the following: A. Incorporate and fulfill all aspects of the recently submitted Dust Control Plan,dated November 6, 2003. B. By January 1,2004,the facility shall provide to the Department of Public Health and Environment, a detailed document describing the evaluation of cold weather month dust control. By May 1,2004,the facility shall provide a report that describes all dust control efforts implemented during cold weather months. C. For the next 12 months, the facility provide monthly"self-evaluation" reports to the Department of Public Health and Environment. The reports should describe observed dust conditions, up and down-wind of the facility. Observations should be made and recorded in the late-afternoon or early evening periods or during periods when dust is most likely to be created from the facility. WHEREAS,at said hearing on June 30, 2004, after hearing all of the testimony presented and, having been fully informed, the Board of County Commissioners deemed it advisable to dismiss the violation. NOW,THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County,Colorado,that the violation of section 23-4-710, Livestock Feeding Performance Standards, of the Weld County Code against ConAgra Cattle Feeding Company, Gilcrest Feedlot. be, and hereby is, dismissed. s-c-of ec, l4,L AL e4 ,44,1 2004-1958 RE: AUTHORIZATION FOR THE WELD COUNTY ATTORNEY TO PROCEED WITH LEGAL ACTION AGAINST CONAGRA CATTLE FEEDING COMPANY - GILCREST FEEDLOT PAGE 2 The above and foregoing Resolution was,on motion duly made and seconded, adopted by the following vote on the 14th day of July, A.D., 2004. BOARD OF COUNTY COMMISSIONERS W D COU TY, �COLORADO //��/� Web--- Robert D. asden, Chair rc snt lerk to the Board isof . / '.7 7 William H. J e, Pro-Tem u^a BY:::-, • 4; nAeput lerk to the Board i� Z1 v6Ld - M. J. eile APPRo AS TO .• EXCUSED David E. Long unty Attor, ey S.,_,u Qiiketec_______ Glenn Vaad Date of signature: `e-- 6`7*/ 2004-1958 H L0031 a jot CLERK TO THE BOARD PHONE (970) 336-7215, Ext. 4225 FAX: (970) 352-0242 P. O. BOX 758 WI I D C• GREELEY, COLORADO 80632 COLORADO June 21, 2004 Don Anderson, Senior Feedlot Manager ConAgra Cattle Feeding Company Gilcrest Feedlot 22777 Weld County Road 31 Gilcrest, Colorado 80645 RE: Consider Authorizing the Weld County Attorney to Proceed with Legal Action Against ConAgra Cattle Feeding Company - Gilcrest Feedlot for Violation of Section 23-4-710, Livestock Feeding Performance Standards, of the Weld County Code (Con't from 11/10/2003) Dear Mr. Anderson: This is to notify you that the Board of County Commissioner's meeting scheduled forJune 30,2004, has been cancelled. Therefore,the matter referred to above has been rescheduled to July 14,2004, at 9:00 a.m. If you have questions or need additional information, please do not hesitate to contact me at(970) 356-4000, Extension 4217. Very truly yours, 44,6, Carol A. Harding, Deputy Clerk to the Board 2004-1958 Page 1 of 1 Carol Harding From: Carol Harding Sent: Thursday, June 17, 2004 9:56 AM To: 'TREVOR Jiricek'; Cindi Etcheverry Cc: Bruce Barker Subject: ConAgra Feedlot-Gilcrest By Resolution #2003-3122 on 11/10/03, the Board continued the Probable Cause Hearing for the Gilcrest Feedlot to June 30, 2004, at 9:00 a.m.; however, a quorum will not be present at the June 30th meeting, so it has been cancelled. Therefore, we need to reschedule the Gilcrest Feedlot matter to another date. Since July 5th is a holiday, there will be two meetings in a row cancelled. That will make the July 7th agenda very full, so the best date for us would be either the 12th or 14th of July. Please let me know which date you prefer, and I will notify the Feedlot of the schedule change. Of course, we will need an updated memo from you prior to the scheduled date for the Board's consideration. Thanks. Carol 6/17/2004 • Kik a MEMORANDUM/, -:2 TO: BOARD OF CO MMISSIONERS L. FROM: Z'JL� FROM: TREVOR JIRICEK CINDIETCHEVERRY ISUBJECT:CONAGRA FEEDLOT-GILCREST,DUST EMISSIONS DATE: 11/7/2003 C. CC: WELD COUNTY ATTORNEYS OFFICE COLORADO DEPARTMENT OF PLANNING SERVICES This hearing has been requested due to the observation of the ConAgra Cattle Feeding Company (ConAgra)—Gilcrest Feedlot failing to comply with Section 23-4-710 of the Weld County Code (WCC), pertaining to the control of dust emissions from the facility. The Department of Public Health and Environment recommends that the Board of County Commissioners (BOCC) continue this hearing concerning the ConAgra Cattle Feeding Company — Gilcrest Feedlot, until July 1, 2003. However, we recommend that the BOCC require that the facility comply with the following conditions: • Incorporate and fulfill all aspects of the recently submitted dust control plan, dated November 6, 2003. • By January 1, 2004, the facility provide to the Department of Public Health & Environment, a detailed document describing the evaluation of cold weather month dust control. By May 1, 2004, the facility shall provide a report that describes all dust control efforts implemented during cold weather months. • For the next 12-months, the facility provide monthly "self-evaluation" reports to the Department of Public Health & Environment. The reports should describe observed dust conditions, up and down-wind of the facility. Observations should be made and recorded in the late-afternoon or early evening periods or during periods when dust is most likely to be created from the facility. This recommendation is based upon efforts by ConAgra to improve dust control at the facility including meeting with County staff on November 6, 2003, and the submittal of an amended plan. The plan (attached), dated November 6, 2003, outlines significant repairs and enhancements that have and are in the process of being implemented. The plan also makes a commitment to evaluate and research additional viable dust control options. Based upon our discussions and the plan, the enhancements generally take a labor intensive system and make it more efficient. The amended plan, if diligently implemented and assuming maintenance of the system occurs, appears to be sufficient to limit dust emissions from the facility for warm weather months. The Department of Public Health&Environment will contact ConAgra when complaints are received and conduct random facility observations in the absence of complaints. Should County_staff observe violations of Section 23-4-710 notification will be made 6t2 the facility. Should a cornplaini be received and verified by County staff a hearing will be scheduled with the BOCC where a recommendation for the County Attorney to proceed with legal action will be presented. We have attached a detailed chronology which includes complaints, investigations, communications, control plan submittals, etc. We have also attached a brief summary of the potential public health impacts of feedlot dust and a summary of feedlot dust control techniques cited in literature. 2 ConAgra Cattle Feeding Company Gi'crest Feedlot 22777 WCR 31 Gilcrest, CO 80645 November 6, 2003 Mr. Trevor Jiricek, Director, Environmental Health Services Weld County Department of Public Health and Environment 1555 N. 17th Ave Greeley, CO 80631 Dear Mr. Jiricek, RE: Outline of Existing Dust Abatement Process & Proposed System Enhancements Gilcrest Feedlot—ConAgra Cattle Feeding Co. OVERVIEW: Since July '03 ConAgra Cattle Feeding Company has invested more than $260,000 in equipment, personnel, and system upgrades for the water sprinkling capabilities at our Gilcrest Feedlot. One hundred and fifty-four high-pressure Nelson guns have been installed and extensive retrofits have been made to the existing supply lines and control valves. These enhancements will significantly increase the sprinkling system's mechanical reliability, thereby allowing for timely and efficient dust abatement during the times of the year when water sprinkling does not pose a detrimental effect to our livestock. The following Standard Operating Procedures have been incorporated into our operating plans. Warm Weather Operation: - Sprinklers will be operated to reflect best management practices for dust abatement. - Mobile water application equipment will be utilized as needed for control of dust in the small percentage of pen areas not covered by the sprinkler system(estimated at approximately 10 percent of the total pen area dependent on wind conditions). - Pen floors will be maintained in a manner designed to minimize dust generation. Cool Weather Operation: During periods when daytime temperatures begin to cool, water application to both the pen floor as well as the cattle themselves must be managed to reduce any adverse impact to the cattle or pen conditions. The professional community acknowledges that there is a range of ambient temperatures at which cattle are comfortable and do not use energy to either heat or cool themselves. The 1984 & 1996 National Research Council (NRC)Nutrient Requirements of Beef Cattle refer to this range of environmental temperatures as the "Zone of Thermoneutrality". The NRC established the Lower Critical Temperature at 15 degrees C (59 degrees F), with a mean of the thermoneutral zone being established at 20 degrees C (68 degrees F). Precipitation, humidity, mud or wet contact surfaces all increase maintenance requirements and in effect narrow the range of thermoneutrality, thus increasing energy maintenance requirements and negatively affecting animal welfare. It is recommended that pen floors be kept as dry as possible during the early winter months(October— November). Due to the decrease in both daylight hours and day time temperatures, any natural pen floor moisture evaporation and drying is minimized. Applying additional moisture by way of mechanical sprinkling reduces our ability to maintain a comfortable environment for the cattle. Best Practices Research for Cold-Weather Months: ConAgra Cattle Feeding Co. is exploring all options to determine if there are viable alternatives to contribute to our dust abatement program during cold-weather months. Our primary objective is to implement effective dust control measures that will not have a potentially negative health effect on livestock. To that end, we have initiated a cooperative effort with Colorado State University's Department of Animal Science, as well as CSU's Weld County Extension Office, regarding current trial data and future research as it applies to environmental enhancement of livestock feeding operations. Communication also has been initiated with industry partners, both livestock associations and livestock feeding companies regarding any innovations that can contribute t0 successful and practical dust abatement applications. Research will be evaluated and the merits analyzed as they pertain to the Gilcrest Feedlot site. ConAgra Cattle Feeding Company will cooperate with land grant universities and industry associations to develop processes by which dust generation can be minimized during cool weather periods while optimizing cattle well being. ConAgra Cattle Feeding Company is committed to addressing the issues raised by Weld County and our neighbors. We are also committed to maintaining the quality of life for our employees, animals in our care, and our community. To ensure open communication, we will provide copies of our strategic plan for local community review. ConAgra Cattle Feeding Company and its representatives welcome the opportunity for productive dialogue with all interested parties. Sincerely, Ce Don E. Anderson Senior Feedlot Manager ConAgra Cattle Feeding Company Cc: Don Willms—VP ConAgra Cattle Feeding Company Richard Bishop—ConAgra Cattle Feeding Company Stan Campbell—Manager, Gilcrest Feedlot Tom Siegrist—Director of Environmental Affairs, Swift& Co. Jim Herlihy —VP Public Relations, Swift & Co. L-' :,, MEMORANDUM it TO: FILE L l' FROM: CINDI ETCHEVERRY ETCHEVERRY, WCDPHE Il ' SUBJECT: REVISED AND UPDATED CHRONOLOGY O DATE: 10/30/2003 OM CONAGRA FEEDLOT AT GILCREST•COLORADO CC: TREVOR JIRICEK,DIRECTOR,WCDPHE 2002 July 29 Dust complaint received. August 24 Dust concerns discussed with anonymous caller. September 30 Dust complaint received. Complainant alleges dust from ConAgra settles in the buffalo pastures every night, causing the buffalo to die from Pasturella Pneumonia. Arborland Nursery has documentation from a veterinarian. October 1 Cindi Etcheverry spoke with Frank Bendrick Jr. of ConAgra concerning alleged dust issues. October 2 Arborland Nursery called. Cindi Etcheverry spoke with Arborland Nursery and requested veterinary report or any information they had to support allegation. They have a call in to get veterinary information. October 2 Frank Bendrick of ConAgra called to discuss with Cindi Etcheverry that the pneumonia is a common illness. He said he acknowledged ConAgra does have a dust problem and would get with the facility manager to discuss dust management methods. October 9 Dust complaint received. October 10 Cindi Etcheverry received correspondence from Arborland Nursery. A faxed copy of the mortality count, veterinary autopsy report and stated October 9, 2002 dust as very heavy. October 14 Cindi Etcheverry had a conference call with Frank Bendrick and Tom Secrest of ConAgra, to discuss dust issues. October 15 Cindi Etcheverry wrote a memo to file, concerning conference call with Frank Bendrick and Tom Secrest. Mr. Bendrick stated that their records show they applied 34% more water to their pens this year than last year and that his records indicate they water from 5:00 am until sundown, and that if they run sprinklers at night it causes the cattle to run into the fences. He said next summer they would be willing to apply water to pens 6 to 7 days per week. I asked him to summarize in writing what the facility would do to prevent dust problems next summer. He said he would get it to me within a few weeks. October 17 Cindi Etcheverry observed facility. Dust observed leaving the facility along WCR 46. October 21 Received call from Frank Bendrick requesting dates that dust was documented. October 28 Cindi Etcheverry emailed Frank Bendrick, letting him know last dust complaint was October 9, and on October 17, observed significant amount of dust leaving the facility. Notified him that he would be getting a letter requesting a corrective action and time line that it will take to control dust coming from facility. ConAgra, Memo to file October 13, 2003 Page 2 Complainant was particularly concerned about next summer, as this summer is over. November 20 Dust complaint received, also complaining about Miller feedlot. Cindi Etcheverry informed complainant that we had requested a corrective action from ConAgra facility and is waiting on that. December 5 Dust complaint received, also complaining about Miller feedlot, every day dust and odor cloud. Complainant called facility and plant manager and Mr. Miller, and they thought it was a joke. Cindi Etcheverry could not go out to verify this time. December 6 Cindi Etcheverry conducted complaint investigation, went to complainants home and discussed enforcement procedures and ConAgra and Miller dust and odor observations. December 11 Letter sent to ConAgra Notification that dust was not confined on property, requesting a written plan of correction and maintenance to prevent fugitive dust. Plan due within 30 days. December 13 Cindi Etcheverry spoke with Frank Bendrick concerning letter. 2003 January 7 Dust complaint received. Informed complainant that the County was waiting for written plan of correction from ConAgra. January 8 Site investigation conducted. Cindi Etcheverry arrived at facility at 4:30 pm, observed significant amount of dust throughout the valley. Because of the amount of dust and lack of wind, could not confirm where dust was coming from. January 9 Closed complaint. January 10 Trevor Jiricek phone conversation with Frank Bendrick concerning dust control. January 17 Letter from ConAgra to Trevor, requesting additional time to review and evaluate dust control management options. Evaluating improvements to existing system. Evaluating current technologies for feedlot dust control. Will have sufficient time to implement improvements to address summer issues. April 14 Letter to Trevor from ConAgra, discussing dust control methods that will be used at facility. Sprinkler guns set up to allow for multiple pen coverage per day. Sprinkler gun rotation, using additional labor can effectively control fugitive dust emissions from the feedlot. June 9 Letter to ConAgra approving proposed dust control methods. July 1 Dust complaint received. July 1 Site investigation conducted by Cindi Etcheverry, 7:30 dust starting to stir up, by 8:26 dust everywhere. Documented by many photos. July 7 Arborland Nursery complaint received. Allegedly lost 12 buffalo last year. Allegedly lost 3 babies because of the dust. July 8 Trevor Jiricek emailed Frank Bendrick concerning July 1 photos attached to email, and scheduled meeting on July 9. July 9 Trevor met with Fran Bendrick, Don Anderson, and Stan Campbell from ConAgra at 8:30 pm to discuss dust issues. Observed fugitive dust, documented with photo. C:\Documents and Settings\cetcheverry\Local Settings\Temp\031021 chronology from 2002 to present.doc ConAgra, Memo to file October 13, 2003 Page 3 July 10 Memo from Trevor to file. Memo summarized meeting of July 9 where ConAgra agreed to implement additional controls that would be provide in writing on July 10, 2003. We will observed facility to see effectiveness of additional controls. July 10 Letter faxed to Trevor, from Don Anderson, purchased additional sprinkler guns to enhance speed of sprinkler rotation, and increased number of employees assigned to sprinklers, leased 5,000-gallon water tanker with high-pressure gun. Should improve overall dust control and limit amount of dust emitted from facility. July 14 Dust complaint received, complaint alleges dust is causing animals to die. Notified complainant that facility is working on getting dust controls done. July 15 Arborland Nursery complaint, alleges dust was really bad through the 4m of July weekend, and yesterday bad. Wants state to do ambient air samples at property. July 17 Dust complaint received. July 17 Dust investigation, Cindi Etcheverry observed sprinklers were running at approximately 1:30 pm. Saw some dust generating from corrals, but did not appear to be leaving site. See July 22, 2003 email to Trevor. July 19 Cindi Etcheverry visited Arborland Nursery, the husband said dust has been much better. July 23 Cindi Etcheverry conducted site investigation, observed sprinklers running, slight dust, but not leaving site. July 31 Cindi Etcheverry sent letter to ConAgra, approving dust abatement methods. August 15 Dust complaint alleging dusty conditions. August 15 Cindi Etcheverry called Don Anderson, he said they had been shipping loads of cattle out - dirt roads, 2 water trucks broke down. Usually run water trucks during shipping. August 18 Don Anderson says they are watering 24 hours a day this weekend. He indicated that the facility did have some dust on the previous Saturday morning, but got right on it. October First week of October Cindi Etcheverry observed significant dust while going home during evenings. October 7 Observed dust on way home. October 8 Dust complaint received. Complaint alleges dust has been real bad for the last week. Complainant indicated that for the last month you can tell they quit watering pens. October 8 Cindi Etcheverry conducted a site investigation. Dust observed and documented with photographs. October 8 Dust complaint received during dust investigation, Miller feedlot dust also creating significant dust. October 9 Cindi Etcheverry conducted site investigation. Dust observed and photographed. Photos difficult to take during the dusk. October 10 Cindi Etcheverry conducted site investigation. Dust observed. Attempted to obtained photographs. October 11 Site investigation. Dust observed and photographed. October 15 Cindi Etcheverry observed facility. Video tape of dust coming off of facility obtained. C'.\Documents and Settings\cetcheverry\Local Settings\Temp\031021 chronology from 2002 to present doc ConAgra, Memo to file October 13, 2003 Page 4 October 16 Cindi Etcheverry met with Stan Campbell of ConAgra concerning other issue. Verbally informed Mr. Campbell of complaints, investigations, and that the facility may be scheduled for a public hearing. October 16 Cindi Etcheverry observed dust coming off facility at around 6:30pm. October 21 Certified letter sent to ConAgra Concerning Hearing date scheduled for violation of WCC. October 23 Cindi Etcheverry observed dust coming off facility at 6:28pm. October 29 Call from complainant, saying that it was dusty October 28, and last Tuesday also (October 21, 2003). C'.\Documents and Settings\cetcheverry\Local Settings\Temp\031021 chronology from 2002 to present doc Literature Review: Public Health Impacts from Feedlot Dust By Cindi Etcheverry October 29, 2003 The major source of dust in the feedlot comes from the pens. However, dust can also come from roads, service areas, and feed processing. Generally, the peak time for dust to occur is around sunset, when the temperature starts to cool and cattle become more active (2). Some studies have shown dust and odors do have an effect on rural and urban resident health. However, factors such as concentration, frequency, duration, character, and perceived offensiveness determines whether odor or emissions from feedlots are considered a nuisance or a health problem (1). The studies discussed in this paper focus on the characteristics of dust particulate matter. With increasing concern for human health effects believed to be caused by fine particulate matter, the United States Environmental Protection Agency (USEPA) has set National Ambient Air Quality Standards. These standards include standards for particulate matter less than 2.5 micrometers (µm) in diameter(PM2.5) and 10 µm in diameter(PM,0). According to the US EPA, particulates less than PM,() pose a health concern because they can be inhaled into and accumulate in the respiratory system. Particulates less than PMZ_5 are referred to as "fine" particles and are believed to pose the largest health risk. Because of their small size, fine particles can lodge deeply into the lungs. Health studies have shown a significant association between exposure to fine particles and premature mortality. Other important effects include aggravation of respiratory and cardiovascular disease (as indicated by increased hospital admissions, emergency room visits, absences from school or work, and restricted activity days), lung disease, decreased lung function, asthma attacks, and certain cardiovascular problems such as heart attacks and cardiac arrhythmia (6). According to Wilson's et al. studies, particles that are 7µm in diameter can enter the nose, but are mostly nonrespirable. Particles that are 1.1 to 6.0 in diameter can enter the terminal bronchi and are respirable. Particles that are 0.65 to 1.1 µm in diameter are also respirable and can enter the lung alveoli (7). Respirable particulates can be inhaled deeply into the lungs and cause lasting damage (1). John M. Sweeten et al. measured particle size distribution of ambient feedlot dust emissions located in the Southern Great Plains. The number of cattle in the feedlots used in the study ranged from 17,000 to 40,000 head. Sweeten's measurements showed the average diameter of feedlot dust emissions to be from 6.9 to 9.5 µm (4, 5), with the concentration of total suspended particles to be from 54 to 35,536 µg/m3 (4, 3). Peak daily total suspended particulate concentrations were observed at or just after sundown for 2 hours and ranged from 1946 to 35,536 µg/m3, averaging 14,200 µg/m3 (4). One half of these particles were measured to be smaller than PM,o, and 5 to 10 percent of the total suspended particulates measured at or less than PM25 (5, 3). - 1 - Microbial Flora studies indicate dust particulates from feedlots can be bacteriologically active. Dust has shown to be a mechanism for transport of organisms (7, 3). Bacteria in the size range from 0.65 to 7.0 µm can become airborne on dust particles. The presence of bacterial endotoxins (heat-stable biological compounds located in the cell envelopes of gram-negative organisms) may be a significant issue with regard to animal health. In humans, endotoxins affect humoral and cell-mediated immunity and have the potential to affect lung function. Endotoxin is stable, and its toxic effects are known to persist for long periods of time in dust. High endotoxin levels have been found in cattle feedlot dust samples (7). Studies have also shown there is a connection between dust and odor. Dust particles also adsorb odorous compounds. As the dust particles are carried by the wind, so is odor. Odorous dust can carry many times more molecules of odor compounds than the same volume of particulate free air. Dust, in other words, concentrates odorous compounds (1). In conclusion, evidence that fugitive dust emissions can cause adverse health effects in humans is not disputed. However, it is difficult to ascertain the extent of adverse health effects due to the variability of feedlot site conditions, climatic conditions, and neighboring property and resident conditions. References: 1. Control of Odor Emissions from Animal Operations, A report from the Board of Governors of the University of North Carolina, September 1998. http://www.cals.ncsu.edu:8050/waste mgt/newodor.html 2. Davis, J.G.; Stanton, T.L.; Haren, T. Feedlot Manure Management, Colorado State University Cooperative Extension, Fact Sheet no. 1.220 Http://www.ext.colostate.edu/pubs/livestk/01220.html 3. Hasselback, Paul. Exposure Issues Associated with Feedlot Emissions, http://www.casahome.org/S CISYM/ProceedingsPDF/Session%202/Hasselba.pdf 4. Sweeten, John M. Particle Size Distribution of Cattle Feedlot Dust Emissions, American Society of Agricultural Engineers, Paper No. 98-4076. Http://baen.tamu.edu/users/rel/agair/sweeten/particle.pdf 5. Sweeten, John M.; Erickson, Larry; Woodford, Phyllis, et al. Air Quality Research and Technology Transfer White Paper and Recommendations for Concentrated Animal Feeding Operations, Confined Livestock Air Quality Committee of the USDA Agricultural Air Quality Task Force. http://www.nhq.nres.usda.gove/faca/Policies/CAFO.htm 6. U.S. Environmental Protection Agency, Technology Transfer Network National Ambient Air Quality Standards. http://www.epa.gov/ttn/naafis/pm/pm25 index.html 7. Wilson, S.C.; Morrow-Tesch, J.; Straus, D.C.; et al. Airborne Microbial Flora in a Cattle Feedlot, Applied and Environmental Microbiology, July 2002, p. 3238-3242, Vol.68, No. 7. Http://aem.asm.org/cgi/content/full/68/7/3238 - 2 - Literature Review: Feedlot Dust Control Techniques October 30, 2003 Agriculture,Food and Rural Revitalization,Health in the Feedlot, http://www.agr.gov.sk.ca/DOCS/livestock/b eet%feedlots/healthfeedlot Summary: Dust control may be necessary in dry weather by removing excess surface manure and treating laneways with gravel or other dust-inhibiting agents. Dust can be controlled in pens by spraying water at a rate of two liters per square meter(approx. 1 inch)per day. Initial applications may take twice this amount. Davis,J.G.; Stanton, T.L.; Haren T. Feedlot Manure Management,Colorado State University Cooperative Extension. Fact sheet no. 1.220. http://www.ext.colostate.edu/pubs/livestk/01220.html Summary: Aim for pen moisture of 25 to 35 percent. Design pens with a minimum of 3 percent slope to manage excess moisture and runoff collection. Proper pen design and maintenance of surface moisture levels. Routine cleaning of pen surfaces. Keep loose manure layer less than 1 inch deep. Windbreaks also may be used to control or capture fugitive dust. Trees planted along perimeter of Feedyard will provide shelter from wind and may largely contain any fugitive dust. Surface moisture can be manipulated through stocking rate changes. Typical pen stocking densities in Colorado are between 150 ft'and 300 ftz per animal. Start prior to the time dust is a serious problem. Sweeten,John M.; Erickson,Larry; Woodford,Phyllis; et al.Air Quality Research and Technology Transfer White Paper and Recommendations for Concentrated Animal Feeding Operations, Confined Livestock Air Quality Committee of the USDA Agricultural Air Quality Task Force,Washington D.C, July 19,2000. http://www.nhq.nres.usda.gove/faca/policies/CAFO.htm Summary: Stocking density adjustment. Frequent manure collection. Water application or sprinkler irrigation. Typical guideline is 2.5 to 6.0 mm/day (0.1-0.25in/day). Sullivan,James; Boesel, Greg; Criswell, Robert; et al. Feedlot Air Quality Summary: Data Collection. Enforcement and Program Development,Minnesota Pollution Control Agency.March 1999. http://www.pca.state.mn.us/hot/pubs/feedlot-an.pdf Summary: Vegetable oil sprinkling. Dusty Feedlot Conditions Reduced Using Good Management,Alberta Cattle Feeders Association. Intensive Livestock Working Group of Alberta,Nov. 22, 1999. http://c attlefeeder.ab.ca/manu re/env991128.shtml Summary: Computer controlled pen sprinklers. Keep feed lanes and roadways wet by using a water truck.. Cleaning pens at the proper time. Cleaning the pen floor right down to the gleyed layer(black impermeable skin on top of the clay base). Increase number of cattle in pens. Planting windbreak trees or fences. - 1 - Brink, Philip. A Dusting Problem, Controlling Feedyard Dust and Odor Can Improve Cattle Performance and Your Image with the Neighbors. 50 Drovers, October 2003. Http://www.brinkinc.biz/pdf/dust.pdf Summary: Pen watering. Regular Manure removal. Increased pen stocking rates. Adding bedding material to pens. Crop residues such as straw,waste hay, cotton gin trash, woodchips, sawdust, keeping moisture in upper layer of the manure pack. Synthetic and plant based oil blends. Hygroscopic agents like calcium chloride and magnesium chloride. These are generally, used to control dust on road bed or alley by either binding fines together or continuously absorbing moisture from the atmosphere. Emulsified asphalt,a highway sealant. Sprinkling systems. Parker, D.; Perino, L.; Galyean,M; et. al. Beef Cattle Research Group, Soil-Cement Feedlot Surfacing. Cooperative Research, Education and Extension Triangle, Texas A&M Research and Extension Center. http://amarillo2.tamu.edu/amaweb/creet.htm Summary: Soil-Cement Feedlot Surfacing. Melgares,Pat. Kansas,U.S. Researchers Studying Cattle Odor,Dust.July 29,2003. Http://www.oznet.ksu.edu/news/sty/2003/cattle odor072903.htm Summary: Water curtain—40 foot structure built along edge of feedlot that sprays water periodically Adding 5% canola oil to water will capture smallest dust particles. Building pens with less room to minimize movement of cattle. Shultz, Tom; Collar, Carol. Dairying and Air Emissions,University of California Cooperative Extension Dairy Manure Management Series. UCCE-DMMS-4 10/93 http://animalscience.ucdavis.edu/extension/wm/ucce-dmms-4.pdf Summary: Animal size and spacing to moisture on the feedlot surface. 25%moisture is considered optimum. Queensland Government,Department of Primary Industries. Feedlot Waste Management Dust Control, File no:IL0050, September 2003. http://www.dpi.gld.gov.au/environment/5243.html Summary: Removal of excess manure. Increase stocking density. Water application. Chemical application. Properly sprinkled feedlots. Treat large areas simultaneously. Apply water exactly when required. McInnis,Doug.Living with Your Neighbors,PRIMEDIA Magazines & Media Inc.,August 1, 1998. http://beef-mag.com/ar/beef living neighbors/ Summary: Elevated sprinklers, mists pens,but not enough to create mud. - 2 - f- m Qi CIO Ciao sommig ICS paisse Cie awe I CCM shawm Feedlot Location Section 9, Township 4 North , Range 66 West of the 6th P . M . , Weld County, Colorado , including other adjacent properties in the immediate vicinity that may be included into a contemplated general feed lot operation . � zrt.' '-''''''''''n'"'. t', �'Ys le "�:�. 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Irv, It 4 0 Y y o u mire • Between January 2002 and October 2003, the Health Department received 15 Hrri complaints of dust coming from the ConAgra feedlot in Gilcrest. tit • During this same time, Health i Department staff conducted 11 - 9 site visits and observed dust coming from the property. • In December of 2002, the health department requested a written plan of correction and maintenance to prevent current and future fugitive dust conditions. On WCR 31, looking N., October 10, 2003 n 0 • After requesting and receiving additional time, ConAgra submitted a proposed dust control plan in April of 2003. The plan called for using the existing sprinkler system, but hiring = additional staff so that the sprinkler guns could be moved more frequently to cover each On WCR 31, looking N., July 1, 2003 pen. • In June of 2003, ConAgra was notified that the proposed dust j = control measures were approved. • During July of 2003 more complaints were received and site investigations verified that dust was leaving the property. Southwest region of facility, July 1, 2003 0 • Health Department staff met with - representatives of ConAgra on r m_ July 9, 2003. During this visit, � staff observed dust leaving the property. • On July 10, 2003, a letter was sent from ConAgra indicating additional controls that would be implemented, including purchase of additional sprinkler guns to enhance speed of sprinkler rotation, increase number of employees assigned to sprinklers, and the lease of a 5,000 gallon water tanker with high-pressure gun. Looking N. on WCR 31, 8:30pm, July 9, 2003 c: iircnoIogy • Through mid-July to mid-August, 2003 no complaints were received, and a site visit with a complainant indicated that there had been less dust present. • The Health Department began to receive complaints again around Looking S on WCR 27% (77th Ave.), 6:13pm, October 11, 2003 mid-August, 2003. A call to ConAgra indicated that they were shipping cattle out and two of their water trucks were broke down. • During the past month (October 2003) our staff has observed dust coming from the feedlot daily. The - Health Department also began i . I receiving complaints again. Looking N. on WCR 46, 6:20pm, October 11, 2003 Potential • According to the U.S. Environmental Protection Agency, dust particles less than PM10 (10 micrometers in diameter) pose a health concern because they can be inhaled into and accumulate in the respiratory system. Particles less than PM2.5 (2.5 micrometers in diameter) are referred to as "fine" particulate and pose the largest health risk. • Studies have shown a significant association between exposure to fine particles and premature mortality. Other effects include aggravation of respiratory and cardiovascular disease, lung disease, decreased lung function, asthma attacks, and certain cardiovascular problems such as heart attacks and cardiac arrhythmia. U.S. Environmental Protection Agency, Technology Transfer Network National Ambient Air Quality Standards. is e • A study done by John M. Sweeten et al. measured particle size distribution of ambient feedlot dust emissions in feedlots ranging from 17,000 to 40,000 head of cattle. His findings showed the average diameter of feedlot dust emissions to be between 6.9 and 9.5 micrometers. Peak daily total suspended particulate concentrations, observed at or just after sundown for two hours, averaged 14,200 micrometers per cubic meter. One half of these particles were smaller than PM10 and 5 to 10 percent were less than PM 2.5. Hasselback, Paul. Exposure Issues Associated with Feedlot Emissions. Sweeten, John M. Particle Size Distribution of Cattle Feedlot Dust Emissions, American Society of Agricultural Engineers, Paper No. 98-4076. Sweeten, John M.; Erickson, Larry; Woodford, Phyllis, et al. Air Quality Research and Technology Transfer White Paper and Recommendations for Concentrated Animal Feeding Operations, Confined Livestock Air Quality Committee of the USDA Agricultural Air Quality Task Force, Washington D.C., July 19, 2000. o en la Health • Microbial Flora studies indicate that dust particles from feedlots can also be bacteriologically active. Bacteria ranging in size from 0.65 to 7 micrometers can become airborne on dust particles. The presence of bacterial endotoxins may be a significant issue. Endotoxins are very stable and their effects are known to persist for long periods of time in dust. High endotoxin levels have been found in cattle feedlot dust samples. In humans, endotoxins affect humoral and cell-mediated immunity and have the potential to affect lung function. Wilson, S.C.; Morrow-Tesch, J.; Straus, D.C., et al. Airborne Microbial Flora in Cattle Feedlot, Applied and Environmental Microbiology, July 2002, p. 3238-3242, Vol. 68, No. 7. o st C Control Techniques • Dust control in pens by spraying water at a rate of two liters per square meter (approx. 1 inch) per day (aiming for a pen moisture of 25 to 35 percent). • Computer controlled pen sprinklers. • Water curtain. • Elevated sprinklers. • Vegetable oil sprinkling. • Removing excess surface manure. • Adding bedding material to pens. • Soil-cement feedlot surfacing. • Stocking density adjustments. • Treating laneways with gravel or other dust-inhibiting agents (e.g., calcium chloride or magnesium chloride). • Windbreaks used to control or capture fugitive dust. - ee o ius on Resource List Agriculture, Food, and Rural Revitalization, Health in the Feedlot. Davis, J.G.; Stanton, T.L.; Haren T. Feedlot Manure Management, Colorado State University Cooperative Extension. Fact Sheet No. 1 .220. Sweeten, John M.; Erickson, Larry; Woodford, Phyllis, et al. Air Quality Research and Technology Transfer White Paper and Recommendations for Concentrated Animal Feeding Operations, Confined Livestock Air Quality Committee of the USDA Agricultural Air Quality Task Force, Washington D.C., July 19, 2000. Sullivan, James; Boesel, Greg; Criswell, Robert; et al. Feedlot Air Quality Summary: Data Collection, Enforcement and Program Development, Minnesota Pollution Control Agency, March 1999. Dusty Feedlot Conditions Reduced Using good Management, Alberta Cattle Feeders Association. Intensive Livestock Working Group of Alberta, Nov. 22, 1999. Resource List Brink, Philip. A Dusting Problem, Controlling Feedyard Dust and Odor Can Improve Cattle Performance and Your Image with the Neighbors. 50 Drovers, October 2003. Parker, D.; Perino, L.; Galyean, M.; et.al. Beef Cattle Research Group, Soil-Cement Feedlot Surfacing. Cooperative Research, Education, and Extension Triangle, Texas A&M Research and Extension Center. Melgares, Pat. Kansas, U.S. Researchers Studying Cattle Odor, Dust, July 29, 2003. Shultz, Tom; Collar, Carol. Dairying and Air Emissions, University of California Cooperative Extension Dairy Manure Management Series, UCCE-DMMS-4, October, 1993. Queensland Government, Department of Primary Industries. Feedlot Waste Management Dust Control, File No: IL0050, September, 2003. McInnis, Doug. Living With Your Neighbors, PRIMEDIA Magazines & Media, Inc., August 1 , 1998. Kik a MEMORANDUM. ;,, 2 c TO: BOARD OF COUNTY COMMISSIONER .,, :y7 rY FROM: TREVOR JIRICEK AND CINDI ETCHEVERRY i ip SUBJECT:CONAGRA FEEDLOT-GILCREST, DUST EMISSIONS C. DATE: 7/13/2004 CC: WELD COUNTY ATTORNEYS OFFICE COLORADO DEPARTMENT OF PLANNING SERVICES The Department of Public Health and Environment recommends that the ConAgra Cattle Feeding Company hearing be closed. Our recommendation is based upon the progress made by the facility owner towards complying with the resolution dated December 19, 2003. The items required by the resolution were: A. Incorporate and fulfill all aspects of the recently submitted Dust Control Plan, dated November 6, 2003. B. By January 1, 2004, the facility shall provide to the Department of Public Health& Environment, a detailed document describing the evaluation of cold weather month dust control. By May 1, 2004, the facility shall provide a report that describes all dust control efforts implemented during cold weather months. C. For the next 12 months, the facility provide monthly "self-evaluation" reports to the Department of Public Health and Environment. The reports should describe observed dust conditions, up and down-wind of the facility. Observations should be made and recorded in the late-afternoon or early evening periods or during periods when dust is most likely to be created from the facility. The facility has complied with all items required by the resolution. Additionally, our Department has not verified any instances where dust has been observed to leave the facility. Below you will find a chronology of all activities that have taken place since the November 10, 2003 hearing before the Board of County Commissioners. November 30, 2003 Letter from ConAgra, November self evaluation report. December 29,2003 Letter from ConAgra, Evaluation of cold weather dust control. December 30, 2003 Letter from ConAgra,December self evaluation report. January 5, 2004 Letter from Weld County, Comments concerning monthly self evaluation report. January 19, 2004 Letter from ConAgra, Response to our comments concerning self evaluation report. January 30, 2004 Letter from ConAgra,January self evaluation report. February 28, 2004 Letter from ConAgra, February self evaluation report. March 17, 2004 Dust complaint. Cindi Etcheverry spoke with Stan Campbell on March 18, 2004. He said they were nearly finished replacing the sprinkler heads and are working on a well. He said they should be done by today or the next. Fugitive dust was not confirmed. March 18, 2004 Dust complaint. Cindi Etcheverry spoke with Stan Campbell. He said the wells were nearly ready. Fugitive dust was not confirmed. March 23, 2004 Dust complaint. Cindi Etcheverry spoke with Stan Campbell. He said they started sprinkling the day before. Fugitive dust was not confirmed. March 30, 2004 Letter from ConAgra, Monthly self evaluation report. May 1, 2004 Letter from ConAgra, Cold weather dust control summary. May 2, 2004 Letter from ConAgra,Aprils Monthly self evaluation report. May 19, 2004 Stockpiling manure complaint. Troy Swain investigated complaint and determined manure was being stockpiled in designated area. May 30, 2004 Letter from ConAgra,Monthly self evaluation report. June 7, 2004 Dust complaint. Troy Swain spoke with ConAgra. Pens were being watered the on June 8, 2004. Fugitive dust was not confirmed. July 10, 2004 Dust complaint. Fugitive dust was not confirmed. Please do not hesitate to ask any questions that you may have. 2 Hello