HomeMy WebLinkAbout20040802.tiff Compressed Transcript
FARMLAND RESERVE HEARING
Date Taken
03/02/2004
EXHIBIT
I
115 /f4'/
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FEMALE VOICE 1: [testing and crosstalk] there please,right behind you? Thank you.
MICHAEL MILLER: The request is a site-specific SHERRI LOCKMAN: Thank you,I have this,this is
development plan and special review permit for a business taken with a telescopic lens,it's not that close,this
permitted as a use by right or an accessory use in the is 1/2 mile away and the storage facility,which is the
industrial zoning district. An Agricultural Truck Griffin-Holder. This is the C-[unintelligible]facility.
Terminal and Wash in the Ag zone district. Locations There is an existing home;you can't see it from this.
north of and adjacent to State Highway 263,1/4 Mile West This will give you an idea where they are located,
of 49. I would ask all the board remembers to recognize adjacent to the airport. We have received letters from
that we do have a court reporter present on this case, multiple[unintelligible]storage facilities and produce
so,we need to speak one at a time so that she can get facilities,there were letters from Lipp's[phonetic]
all the,this on the record. All persons who are going Produce,this is the other truck was from Duggan's. Mr.
to speak to this case you need to give us your name, Duggan owns that. Then Murata's and this is not one,but
..� address and spell your name please. Sherri. there is the other storage facility and there's the
SHERRI LOCKMAN: Good afternoon,Sherri Lockman, feedlot right there.
Department of Planning Services,Hartland Reserve has STEVEN MOKRAY: Sherri,when I went out there,does
applied for a site-specific development plan,Special that site include a building on it?
Review Permit for business permitted as a use by right SHERRI LOCICMAN: For the chase hearing,no,no
for intent to use as a Commercial Zone District, there's not.
specifically an Agricultural Truck Terminal and Wash. STEVEN MOKRAY: It's adjacent to the building.
This item after the Planning Commission Hearing was spoke SHERRI LOCKMAN: That's the Murata Onion Shed,which
to January 23,2004 by Planning Staff. Site is located is,let's see,completely surrounded,which is this one?
north of and adjacent to Highway 2631/4 Mile West of STEVEN MOKRAY: Yeah.
County Line 49. The City of Greeley and The Town of SHERRI LOCKMAN: That's the adjacent property.
Kersey are with-in the three mile referral area. Vacant STEVEN MOKRAY: Is there words to that?
farm ground is directly adjacent to the site on the west. SHERRI LOCKMAN: It kind of shows up there.
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The Weld County Airport is within 1/2 mile. Vacant farm STEVEN MOKRAY: The reason I asked that was because
ground is directly adjacent to the site on the north with there was no identification there. I knew I was in the
Griffin Holder Onion Produce facility within 1/2 mile. On proximity,but I didn't know where.
the south and east sides adjacent to the property is the SHERRI LOCKMAN: Yeah,it is hard to tell out there.
Murata onion storage facility.Beyond the Onion storage 15 referral agencies reviewed this case,ten responded
facility on the east side is vacant farm ground. 1/4 mile favorably or include conditions that have been addressed
east of the site there lies a feedlot that is permitted in standards and conditions of approval. The Ridley-Well
for 59,000 head of cattle by SUP 163 and SUP 160. Airport Authority voiced concerns regarding the possible
Directly south of the site,there is one single-family odors from the site and referral response from Dr.Howard
residence and Colorado Department of Transportation Schwartz,professor at Plant Pathology at Connor State
Facility. Also over[background noise] [unintelligible]. University. Dr.Schwartz stated concerns with the
This is Murata Facility that is actually surrounded on increased humidity in the holding pods,increasing of
two sides. Much of the information we received is storage rot problems in the adjacent onion shed. He also
regarding that[unintelligible]. To the top is another, stated concerns with the possibility of onions absorbing
an historic[unintelligible]I believe it's the Holder airborne odors that could affect the quality of the
[unintelligible]. This is along here is the 59,000 head product. FEMA referrals suggest that the
feed lot. [unintelligible]the manure specialist at Colorado State
MICHAEL MILLER: Sherri does that number encompass University,Miss Davis indicates that there appears a
both feedlots that are there? potential for reduction in quality of the onion storage
SHERRI LOCKMAN: I believe one is for 35 and the shed. We have received thirteen submittals from Sharing
other is the remainder. Property Owners that have been supporting the denial or
MICHAEL MILLER: Okay. requesting denial,there would be two others in support.
SHERRI LOCKMAN: This is looking from the access to This has been a very difficult case for county staff to
the west. review. Issues regarding the contamination of vegetables
MICHAEL MILLER: Could you flip those lights off have been discussed at length;however,we have been
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unable to locate anyone who is willing to say that they In closing,based n my educational background,studies
are an expert in the case. Further,the referral available in regards to this application,this is not in
responses indicate that there is potential damage to my opinion,considered a viable public health concern.
quality of stored items;they did not say that there MICHAEL MILLER: Thank you. Any questions for
would be a health concern,but that it would absolutely Sherri or Char,Steve?
be a problem. County staff also questioned why if the STEVEN MOKRAY: Sherri,where was the storage for
onion storage facilities in the area have such great the onions located at?
concern for manure an fecal dust smell,why did they put SHERRI LOCKMAN: This is the Murata and this one up
the facilities within 1/4 to 1/2 mile to a 59,000 head feed here,we also got letters from the Village Produce,which
lot. The Weld County Department of Planning Services is is down,you can see where it,right there,right there
recommending approval on Case 1441. Now having said and over here.
that,I do want the planning commission to know that we STEVEN MOKRAY: Okay.
do have major concerns with the issues being brought up MICHAEL MILLER: Bryant.
by surrounding property owners. County staff as well as BRYANT GIMLIN: Sherri. There was a,well,there's,
the applicant and owners of the onion facilities have I have trouble trying to pin down exactly how intense the
been diligent in efforts to locate studies to ascertain usage would be because the application listed one number
if their fears are justified. Little was discovered that of trucks,the staff comments other and then there was
directly relate to this case. The commissions have been some referral letters that listed others. From staff's
handed copies of updated staff comments,changes in the standpoint,have you been able to pin down what that
.— flow are bold and underlined. You have also been getting usage is going to be,how many trucks will be washed on a
additional letters that information that has been daily basis,how many will be dispatched from there,
received,along with the[unintelligible]some additional etc.?
Environmental Assessment Evaluation SHERRI LOCKMAN: Well,if approved as staff has
and the gentleman's resume. At this time,I believe Char recommended,they are limited to washing ten trailers per
Davis of the Weld County Department of Public Health has day and they can only park 50 trucks on the lot.
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some comments and then we would be happy to answer any BRYANT GIMLIN: Okay. So that's where staff is as
questions that you have. of today?
MICHAEL MILLER: Char. Can you turn the light back SHERRI LOCKMAN: Correct.
on please? We'll take questions,so hang in there. BRYANT GIMLIN: Thank you.
CHAR DAVIS: Good afternoon,Char Davis,Weld County MICHAEL MILLER: Jim.
Health Department. I'd like to,this has been an JAMES ROHN: At least fifty trucks,these are
application that I've looked in quite a bit I'd like to cleaned and ready to take animals away,or is that wrap
just give you some insight into what I've done. them,pack them and stack them until they can get them
Basically,my capacity as a public health specialist is, cleaned the next day?
I'm assigned the task of sifting out the issues directly SHERRI LOCKMAN: Well,this is a truck terminal;
— raised with concerns to public health. After numerous they're not all there to be washed.
hours investing the compatibility of the livestock/truck JAMES ROHN: Okay.
wash,operation and onion storage facility I found the SHERRI LOCKMAN: So,I'm sure it'll be in varying
most relevant to this application was a concentrated degrees.
animal facility in close proximity to an edible crop JAMES ROHN: All right,thank you.
production. When the study was concluded,no known MICHAEL MILLER: John.
evidence of food borne pathogenics or human illnesses JOHN FOLSOM: Is there any liability to the county
were definitely linked to the situation. Survival of if this scenario takes place,this case is approved,and
pathogens,with resulting contamination of stored onions there is some proof that the operation of this truck wash
should be considered a concern,but is not a known fact. will have a damaging effect on the onions?
Odor and insect infestations also are a possibility under LEE MORRISON: When the county acts in a regulatory
the right conditions. However,if the applicant follows fashion then I would say no. This isn't operated by the
appropriate operating methods and conditions and county operations directed;it's just permitted,so under
development standards are recommended,that are those circumstances,I don't think the liability,if any,
recommended by staff,these issues should be curtailed. transfers to the permitting agency.
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MICHAEL MILLER: Any other questions? Sherri,going that authorizes this request for the USR from Farmland
through the application is appears that we have several Reserve. Our client is Hancock&Associates and Hancock
different applicants here. We have Farmland Reserve,we &Associates represents L.W.Miller Trucking. L.W.
have this other,we have L.W.Miller,we've got this Miller will be leasing the ten acres from Farmland
other operation,that I guess is the parent company of Reserve to build their facility,our application does
all this? Who is the applicant here,I'm kind of have the correct information and there is also letters in
confused? there signed from both Farmland Reserve[unintelligible]
SHERRI LOCKMAN: I think I'll have the applicant as well as from Hancock&Associates.
representative address how they're all interrelated. MICHAEL MILLER: So L.W.Miller is leasing from
MICHAEL MILLER: Okay,any other questions? Seeing Farmland Reserve.
none,will the applicant please come up and give us your LAUREN LIGHT: Correct.
presentation. MICHAEL MILLER: And whose the intermediary company,
LAUREN LIGHT: Good afternoon,Lauren Light with is that the general contractor?
Aragan Land Professionals,4311 Highway 66,Longmont, LAUREN LIGHT: Hancock&Associates is representing
80504. Name spelling L-A-U-R-E-N L-I-G-H-T. I'm going L.W.Miller and we were retained by Hancock&
to address the basics of the land use of the parcel;Tom Associates. This special use is being pursued so that L.
Haren will address the waste handling system. We have W.Miller Trucking will be able to own their own truck
with us Janine Baratta,she's a certified agronomist,she terminal and washout terminal in Colorado. Economically
also holds a masters in soil science. We also have they need their own washout. Last year they paid
�. Cheryl McCall who works for the Environmental Health approximately$129,000 for truck washing only to Greeley
Services at Colorado State University. They're here to Washout. Greeley Washout is the only commercial washout
address the onion issue. You will hear from them later within 115-mile radius of Greeley. Now L.W.Miller
in our presentation. We also handed out a report from Trucking,they haul nationwide,this is a nationwide
our PhD in Agricultural Engineering,Mike Venhuizen,he's company,they annual haul over 275,000 head of cattle.
a specialist on Waste Management,Odor and Ventilation Their headquarters is located in Utah that houses their
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and he was previously a professor at Ohio State national dispatch center. They also have a truck wash
University. First,I would like to give you some history there and I have a couple overheads here,you also have
on how this request for a truck terminal and washout pictures in your packets of their existing facility in
facility has unfolded. Originally,the application was Utah. So this is a picture of their building in Utah and
submitted last July for the truck terminal only due to it gives an idea of the type of facility that they run.
the need to get the terminal up and running,we had a Landscaping,we have some landscaping indicated and we're
hearing date set for October 7. Due to the financial gonna have landscaping similar to what they have. This
outlay,that L.W.Miller Trucking is spending right now gives you an idea of the actual washout facility,we also
at Greeley Washout they decided to pursue the truck wash have a video that we'll show you a little bit later that
and terminal together and to continue the October 7 will show you a truck actually being washed. It's
hearing. On November 25,an amendment to the application important to remember that only the inside of the
to include the truck wash with the terminal was submitted trailers will be washed outside of these truck bays. As
to Weld County Planning. A hearing date was set for I stated earlier,Farmland Reserve owns this property,
February 3,2004. About a week before that hearing,we well they also own and farm the land that's to the North
received a copy of a letter from Murata Farms outlining and the west of[unintelligible]facility. The property
their concerns that the washout may have an effect on to the east is the onion storage building. There is a
their onion storage facility. We requested a continuance residence located south of State Highway 263;it was
at that time to allow us the opportunity to address their purchased by the current owners approximately March of
concerns that was the first we had heard of any problem 2002. The advantage of locating the truck terminal and
between an onion storage facility and a truck washout. the washout on this parcel is that this property is in
There was also some concern in a letter in your packet the airport overlay zone that means that it should not be
from Greeley Washout about who is actually the applicant used for residential development. I'm sure you know that
and this will address your question also.The ten acre there is a 20-year master plan for the airport and that
USR Site is located on the 56-acre parcel that's owned by plan recommends against projects that might be
Farmland Reserve. Now there is a letter in the packet incompatible with the airport and it specifically states,
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such as housing developments. As you can see from the you can see from staffs report as well as from our
'� overhead the property is also closely located to two application materials that this proposed land use does
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existing feed lots,which as was mentioned earlier [unintelligible]to the code. We agree with staffs
contain about 50,000 head of cattle between the two evaluation of items Al through A7 as outlined in their
facilities. The access to this property is from State report. It appears that the main concern brought up by
Highway 263 that provides the transportation route the opposition regarding this proposal isn't the proposed
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directly to State Highway 85 to the west and to the land use that's being requested,but the concern is the
ConAgra Plant in Greeley. Regarding referral agency impact the facility will have on the stored onions
[unintelligible]there is a concern from the airport located next to the corn Now,we did contact Mr.Murata
— about the potential for odor. The odor from this by phone and offered to help mitigate some of his
facility will be minimal,as there are no animals on concerns by buying the property,relocating the business
site. The amount of materials is much less than a to another facility and some kind of filter system to the
—
livestock facility and there is a waste handling system. existing building,adding a buffer or relocating the
Tom Haren will address this further in his part of the pond. Now the pond was located next to Mr.Murata's
presentation. Colorado Department of Transportation was building so that it could be gravity fed into the
concerned with the number of trucks dispatched from the existing irrigation pond. If it would help ease some of
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site. Only 15 trucks a day,as stated in the Mr.Murata's concerns,we're willing to move the pond to
application,will actually enter and leave the site. the west of the irrigation pond and to amend our boundary
Some of the trucks are going to be parked at home or to reflect that change if it's determined by scientific
dispatched from other facilities. The confusion isn't data that the current proposed location of the bond would
with the number of trucks,but it's the difference really affect his operation. We do have two letters in
between dispatching and the actually volume of trucks the packets from farms,which have onion storage
actually utilizing the facility. Now it's also important facilities next to feedlots;they've not experienced any
to remember there's not going to be an increase in truck problems with odors,pathogens or rot caused by manure or
traffic,because these trucks already are going to the the feedlots. I'm certainly not an expert in that area,
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Greeley Washout along highway 263. So we're not but we do have the two people I Mentioned previously here
increasing the truck traffic,we're just moving the today that have done research on the impact that a truck
traffic from the Greeley Washout to this site. This wash would have on the onion storage facility. It's also
overhead gives a site layout of the property. The main important to realize that the letter from Dr.Schwartz of
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terminal building is right there,that will be located on CSU states that he's not an expert in airborne odors.
the front of the property,the truck wash base is right Dr.Susmill[phonetic]from California states in his
back there. There will be a wash located inside of the letter that contamination of the onions is not a
shop. That's the shop, there's an internal wash bay. certainty but should be addressed. Jessica Davis in her
The internal wash bay that's where the cabs and the letter states that she's not an expert in air quality.
outside of the trailers are washed and that will go Now we did provide you with a report from a PhD.That he
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through a screening system,that water will be filtered is an expert in air quality and you can see that from his
through the waste management system,Tom Haren will resume which is what he has in that also,you can see his
explain that in a little bit more detail. The shop is background. I also passed out a letter from Larry Miller
located on the southern part of the building,that's whose the president of L.W.Miller Trucking Company and
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going to be self-contained. There's not going to be any that explains some of the economics that are involved in
drains in there, any used material is going to be hauled this. Mr.Tom Haren will address that letter as well as
off by a company contracted to take the materials,such explain the waste handling system and address information
as Safety Kleen [phonetic]will pick all of that up. As provided regarding the onion issue. I'll turn over the
I mentioned previously there is going to be landscaping rest of the presentation to Mr.Haren at this time.
around the building in various locations. As you can TOM HAREN: Good Afternoon,Tom Haren,H-A-R-E-N,
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see,from your package, we have been in contact with Ag.Professionals,4311 166th Longmont. First thing I'd
North Weld Water District and a tap is available. A like to talk about is the design and operation and
.-. septic system will be constructed to the standards as terminating of our waste management system. The way the
indicated by the health department. As far as regulations work on a facility like this,if it was a
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consistency with Section 23.220 of the Weld County Code, private truck wash located on a feedlot it would not fall
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under any of the commercial regulations of the state separator,the main thing that the MINDI application
Health Department. It would just be allowed to go into takes care of is ground water. It's a minimal industrial
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their storm water containment system and be land applied. discharge toward that commuter service or ground water.
But since this is not located on a feedlot,we have to go We plan to land apply this and that's permitted by the
through a process calling a Minimal Industrial Discharge state,but they required monitoring. The monitoring
Application,for short,the state calls it a MINDI. But system in the application is to do soil monitoring and to
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basically,we actually have a design process,a lot of it sample the wash water every time it's applied and to also
required by the state,a lot of it required for how we monitor all of the wells that currently exist in the
plan to operate. But this is just a schematic. We're area,all the existing wells that are on the farmland
gonna take the wash water from the truck wash and the property surrounding the site. So,it's currently not
wash water from the truck wash inside the terminal;it there,but we plan to put in a low-pressure pivot
will go to a collection basin. From this collection irrigation system at approximately these locations. And
basin,it will go to a dual static stream separator. that's the bulk of our environmental waste management
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We've been using these separators for about four years on system. Two things I'd like to point out,this is not a
many new dairy sites;they remove a bout 90+percent of lagoon,this is not what you think of with a dairy or
suspended solids and about 50-55%of total solids,which feedlot. We're gonna be using a lot of water,compared
..' includes your dissolved fraction. This screen,because to the amount of manure that's in the truck trailers,so
of our climate in the winter in Colorado,it'll be in a this is much more dilute than you may have experienced in
tin building,it'll be in a metal building. It'll be other applications with dairy and feed lots. Second,
... elevated so that we can park a truck under it and the with the availability of our land application system and
solids will fall directly into the truck. Then the water the fact that the water is more dilute,we plan to keep
will go to an[unintelligible]separator and then we'll the pond volume to a minimum. We are looking at,in our
have two options,to either go to the lined pond or go design criteria,sponsored design to contain the
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back into our recycle system for water conservation. function. We want to maintain some biological,what's
Basically,so we can wash out the large solids with the called biological flora in the pond,because it aids in
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truck and then come in and rinse it out with fresh water, digestion and it also,we need to keep water in the pond
saving some water. But,then it goes into a lined pond. to keep the liner integrity so it doesn't dry out and
Here's an existing irrigation pond that's been on this crack. Beyond that we plan to keep,number one the pond
site for a number of years and for our storm water de-watered and number two the solids are going to be
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containment,for our wash water containment we have to collected in a building and they're gonna go off site.
have a lined pond. It's gonna be a clay-lined pond that So,we don't see that the wash water and the solids
meets state specifications. Because of the accumulation being a significant issue. But there are
configuration,location and riffraff that is already in some significant issues I'd like to talk about. It was a
the irrigation pond,we decided not to retrofit that,but little perplexing to us, about four days prior to the
it actually worked out better. We're gonna contain storm hearing, to receive as much information as we have in the
water in this,or excuse me,contain wash water in this file,not only about the onion storage but also about
new pond and then during irrigation season when that's competing truck wash. And in the file today you're going
available we're going to gravity flow into the irrigation to hear about,there's not another truck wash in Greeley
pond,mix it and go out onto some pit. As Lauren stated, that's needed,issues regarding too much traffic,
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the pond is located,because it will gravity into the environmental contamination that will affect onions in
existing pond and we only have one lift pump in the every way possible and that the impending serious public
system,but if it's an option more prevalent for us to health effects for this application. On the first issue
move that,given any scientific data to prove the regarding the washout and whether it's needed or not.
necessity to move that,that is not impossible,it just There is the Greeley Washout;it's been there for quite
involves one extra pump. But the MINDI application some time. Our client is leasing that facility;it's
doesn't regulate just how we designed it,it's concerned leased it for a little over two years. Roughly, the same
—
about constituents other than manure,such as oil and size ten acres and it's got five bays and our application
grease and that's the main component that they're has five bays. They operate 6 A.M.to 10 P.M., 7 days a
concerned about. The,this is again conceptual,if these week,365 days a year,weather permitting. Now in the
'� are pits and pump systems and also the dual stream applications and in the submittals from the opposition,a
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number of truck washes that were in a letter from a Mr. prices from using the Yuma washout to the Greeley
Duggan who represents the Greeley truck wash. In 2002, Washout. We're kind of at the mercy of one truck wash in
there were approximately 1400,in 2003 approximately 1975 Greeley and this hearing has been continued and there's a
trucks per day. In the letter,I believe,that you have lot of information in front of you. We are still
from our client,or trucks per year,which equates to 3.9 getting information at the last minute. We got a very
and 5.4 trucks per day respectively. In the letter from large packet from,I believe the Murata family last night
our client,we're showing in 2003,1988 on a six-day at at close of business and we received another letter this
6.5 trucks per day. Still well below what we propose, morning from Colorado State University that we asked to,
but I don't think there's any hocus pocus with the number any continuance,including the one we had to weather when
of trucks if you do the math right. The match I am the last bit of information came through cost our client
concerned about is our client is leasing the Greeley $15,000 every month. All we're asking for is to create a
truck wash;it started in 2001 for$3,500 bucks a month. situation where we're on a level playing field with an
$50 a truck. They leased it for five months in 2001 that existing facility. You know,if you want to clear up the
added up to$60,000 to wash their trucks. In 2002,the times of operation,those kinds of things,that have been
lease went up to$4,000 a month;the truck wash went up submitted in the application and the opposition,opposing
to$55 a month,$125,600 in 2002 to wash their trucks. material,let's just make it even that we have the hours
2003,now albeit it the truck numbers have gone up -- of operation similar to the Greeley truck wash,6 A.M.to
[interposing] 10 P.M.seven days a week,365 days a year. And
MALE VOICE 1: I just need to make a clarification. demonstrating the need for the washout,I think I did
MICHAEL MILLER: Sir,sir,you cannot speak from the that with our financial analysis,that's an opinion of
audience,so,you'll have your chance. perspective. Obviously,you can see from the letters on
MALE VOICE 1: Oh. January 27 from the Greeley Washout that the need we're
TOM HAREN: 2003 the truck wash per truck went up to trying to demonstrate for washout in Greeley,another
$65,last year,Larry Miller spent$177,000 at the one,is not as stated totally erroneous and in fact a
Greeley truck wash. Over 21/2 years that's$262,000,the falsehood. And the other thing,about Highway 263 being
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lease has increased 121/2%;the wash has increased 30%. inadequate,this is the same highway that the Greeley
Their contract came up in 2002,it was to be renewable, truck wash is on. These are the same trucks that are on
the Greeley truck wash has not renewed it and it is the 263 right now,we're just moving the facility two
currently month-to-month. Our client wants to own their miles down the road. Whether the access is bad or not,
own facility,obviously because of cost. There has been it's the same access that the Greeley truck wash has.I
discussion about buying the Greeley wash out,but it's might admit that the Greeley truck wash access is rather
the only wash out in town,our client feels that the poor. It's a single lane bridge across a ditch;the
price is too high and the facility is outdated, that truck has to take up all of 263 to turn into that
facility has quite a history around,and it's located facility. I'll kind of leave it at that and move on to
within the town limits of Greeley. Now,from the Duggan the onion issue. When we look at this, we're still
letter that's in your packet,representing Greeley wash scratching our heads because you've got Bliss Produce,
out there's some speculation about Farmland Reserve the which is closest to Greeley Washout than our proposed
LDS Farms and non-profit and for profit and soon and so site. You've got Murata at another facility about 1/2 mile
forth. LDS is just leasing the property with an option to the north and then the 50,000 head of cattle. On
to buy,so we can get the property split off,we want to Highways 263,the manure and cattle trucks have been for
get this truck wash on the drawing board and get it years,130 feet from the road,from the fence line of
permitted because we're spending$15,000 a month. The those feed yards to the corner of that onion building,
relationship,the LDS Property and this application for adjacent to our client's site is 1300 feet. They're 160
profit,not for profit,whatever that is,I believe is feet from a five-acre irrigation pond that has been there
irrelevant. We're obviously doing it for profit or in historically and about 600 feet from the South Flat
this case,we're doing it to reduce expenses. Right now River. So if,if the washout issues that are being
with the Greeley Washout,there's one washout 115 miles claimed are valid regarding humidity and odor and flies,
away in Yuma and L.W.Miller does use it too. It's$45 then those issues were valid when those onion facilities
a truck. That adds up to,if you took the numbers from were put in place. Truck traffic,flies,humidity with
2003,that adds up to about a$47,000 difference in the irrigation pond and the river,if these same issues
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are valid against this facility now,they were valid when conclusive evidence of food borne pathogens,transfers
those onion storage facilities were put into play. or human illness are available that definitively links
_ There's two main issues regarding onions. The immediate the on farm hazards and known outbreaks. All
impact of the onion,of the truck washout on the onion the current guidance strongly states that raw manure
storage for rot and loss and then there's hordes of data should not be applied directly to a field. Again,these
in the file regarding food safety and impending health reports talk about manure being put right on the crops,
issues. I want to address the food safety issues first not a pond with dilute water 200 feet away with a
and I'll make my point why I'm doing that later. Most building in between the pond and the onions. But even
all these reports in the file have been known for years, then,they say this is most critical when the produce is
it seems that there's something new going on,but really typically eaten law,for example salad,leaf vegetables,
there's not. Food safety's been an issue for raw herbs,soft fruit and melons. They are in the field but
products and Ag.Products including beef and dairy for they are not talking about carrots,beets,potatoes and
_ decades. A lot of the information presented is 80s and onions. And then the final thing in there I think helps,
90s information and it seems like the case is being during production in some post-harvest situations Ag
presented to support denial is an issue having hyper- water may be contaminated by pathogens containing manure
sensitized the food safety issue and it eludes that if and compost. At this time,animal waste specialists
you support this,you're gonna make people sick. When in generally recommend 200 feet of separation. Again,we're
fact most of the reports that you've gotten,at least the talking about stockpiles of manure adjacent to raw
excerpts that you've gotten,there's a lot of excerpts in products,where there being produced,not dilute water in
this data that's been left out,they focus on vegetables a pond 200 feet away from[unintelligible]building. So,
like lettuce and hanging fruits not ones in the ground like you know,and we're baiting the and selectively,I mean,
carrots,potatoes and onions. Then the selective my bias is in reviewing this data and I believe you're
excerpts submitted,as late as last night,there was one taking that through the appropriate filters from the
that's the most pertinent. I think the latest one is the components in the opposition. But in spite of that,we
most pertinent. It's one from this Trevor Suslow, felt that we needed to do something more important,so I
26 28
_ [phonetic]PhD extension research specialist,food want to set the food safety issue aside,because it is
service quality,University of California,on and on, not even relevant if we show that the potential impacts
it's in the file,you can read it. I didn't see where it for the pathogens or waste to even get there doesn't
proved their point. It said this needs to be evaluated exist. The food safety issues become irrelevant. So
carefully,there are a few published studies that what we did is,we went out and found somebody to do a
specifically relate to distance and pathogen transfers study,on-site air sampling,not only at the facility and
and contamination of onions and survival of pathogens of next to the feed yard,but we got access for them to go
concern is not a certainty,but it is reasonable cause to a private truck wash in Eaton,Colorado and take air
for caution. A detailed analysis of the risks would seem samples while the trucks were being washed. Her name's
prudent. We're gonna show you that we think we've done Cheryl and I'm gonna let her go through her report,you
that. And if you boil all these reports down,it do have a copy of it. I'll just let her talk for a few
basically says,in most of them,CSU supports this,if minutes and then I'll get back up and finish.
you read between the lines. The[unintelligible] MICHAEL MILLER: Please give us your names and
cropping system scale of operation,all the environmental address and spell your name please.
influences and all the things that take place between CHERYL MCCALL: Cheryl McCall,C-H-E-R-Y-L M-C-C-A-
planting that seed,or planting that bulb,and getting it L-L,Colorado State University Environmental Health
to the market,this and many other production factors Services Department,Room 154,General Services Building,
defy any attempt to develop an encompassing assignment of Fort Collins,CO 80523-6021. A little bit about my
microbial risk to commodities or to crop management background. I'm a
practices. MICHAEL MILLER: Would you speak into the mic
please.
The extent of potential illnesses from contaminated CHERYL MCCALL: Yes. I'm a Registered Environmental
Produce is more likely to be broad in locations where Health Specialist through the National Environmental
large scale animal production is immediately adjacent to Health Association.
—' edible crop production not storage facilities. No MICHAEL MILLER: Could you speak up.
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[laughter] consumption of contaminated onions,other than an
CHERYL MCCALL: [unintelligible] outbreak in 2003 of hepatitis A which is a virus
MICHAEL MILLER: You're real close. involving contaminated green onions. Green onions are,
CHERYL MCCALL: I'm a Registered Environmental of course,different then yellow or white bulb onions in
Health Specialist through the National Environmental that people consume both the tops and the bulbs, so. The
Health Association. I'm also a Certified Food Auditor way to spot that these onions were contaminated were by
through National Food Producers Association,so I'm a contact with Hepatitis A infected field workers or by
certified auditor. I do audits of large food production contact with Hepatitis A contaminated water during
facilities and I've been an Environmental Health irrigation,rinsing or processing. So there,I'm not
Specialist and with CSU since 1995. Previous to CSU I aware of any outbreaks associated with yellow or white
worked for the State of Virginia,in their Health onions and that's probably because they are handled with
Department. I was responsible for inspection of all the skins intact. Additionally,onion bulbs have anti-
kinds of food facilities. I worked for the Anchorage fungal and anti-bacterial properties. They contains
School District in Anchorage Alaska where I was sulfur compounds and I read and have researched quite a
responsible for the food safety for a program that few different items about onions and according to these
produces 20,000 school lunches a day,so,that's a little studies,harvest maturity ahs the greatest influence upon
bit about my background. I have a Bachelors Degree in the storability of onions. There is a close relationship
Microbiology. I have completed all the course work for a between harvesting and drying and the success of long-
Masters in[unintelligible]Microbiology and am part of a term storage. Onion maturity is most important and post
research for that and I'm working on completing that. I harvest problems such as sprouting bacterial or fungal
want to give you a little bit of background information. rots appear to be related to harvest time,as in too
There are a variety of methods in which raw produce can late,the temperature too high or drying time or too
be contaminated with bacteria,viruses or parasites. The long,rather than any kind of contamination. So the
most common mode of contamination is use of dirty water condition of the onion at harvest time is critical in
for irrigation. Other common ways in which produce is relation to whether or not it's affected by disease and
30 32
contaminated by direct application of un-composted manure decay. As to any possible evidence that onions absorb
from bird or rodent droppings,which might fall into odor from anything,there's no evidence or studies that
harvest bins,from contaminated cups or equipment,from have been done to suggestion that any outside odors
washing the produce with contaminated water,from farm affect the flavor or development inside an onion,onion
works with unwashed hands handling the produce. Most flavor is dominated by compounds called organic sulfur
food borne diseases associated with fresh produce involve compounds. Intact dry bulb onions have little onion
items that have undergone some type of minimal non- flavor or aroma,as you've probably noticed if you go to
thermal processing,following by time and temperature the grocery store and pick up an onion,there's not much
conditions,which allowed the growth of and survival of aroma. So,these,the flavor and aroma develop only when
bacteria of pathogens. Normally the exterior of the the onion is cut,this activates compounds which undergo
produce acts as a barrier to,a physical barrier,and an enzymatic change and then that gives the onion it's
prevents bacteria from penetrating to the interior and characteristic taste and aroma. The other thing that
growing. This is the case with items such as onions and affects onion flavor is plant genetics and the
potatoes. The skin of the onion serves as a physical environmental conditions under which the onions are
barrier. However if that surface barrier is broken, grown. The research that I did,I visited both the site
through rough handling during harvest or if they are cut of the proposed truck wash facility and an existing truck
in some way then,you know,once that happens then wash facility. I took samples with an instrument called
there's a greater risk of bacterial penetration and an NPBI Air Sampler. This instrument uses a motor and a
growth. But,however,you have to,I think you have to fan to draw in a measured amount of air by time and
considered the fact that any food crop grown in soil can volume. It pulls it through a sanitized metal plate with
be considered contaminated and must be handled and holes and then bacterial or molds are captured on an
prepared for consumption with that in mind. I wanted to auger plate,which is put inside this instrument. Then
talk a little bit about food borne illness cases these are taken to the lab and incubated at appropriate
involving onions. At this time I'm unaware,I've,I'm time and temperature depending on the media. I used
unaware of any food borne illness outbreaks due to three different types of media. One was for coliforms,
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one for molds and one for just general types of bacteria. MICHAEL MILLER: Thank you,any questions? Steve.
The medi as is all prepared at CSU Environmental Services STEVEN MOKRAY: In your opinion,while you were
and the quality assurance records are available for measuring at the truck wash,do you think that's similar
inspection,if needed. Basically,the results that I to measuring the concentration that would appear in a
found,there were no,at the site,there were no pond,in terms of odor and bacteria?
coliforms detected,bacteria and mod counts were pretty CHERYL MCCALL: Actually the pond would be less
much,what you would determine as to be normal for an because it is a large volume of water and a small volume
agricultural area outside. Then I went to an existing of manure,so it would be a greater dilution factor,so
truck wash facility. I took the same type of air samples it would be far less. In addition,normally on the
in several different locations. The first site was ten surface of a pond there's not much of a,there's no spray
feet from the truck wash during a wash, so actually I was or aerosol created from that,so I wouldn't see that as
standing close enough to get wet in the spray. This being a problem at all.
truck had just been,delivered a load of cattle to the STEVEN MOKRAY: Well,do you see this bacteria
processing plant. So,they used a stream of high- breeding in terms of the heat,the sun outside?
pressure water to wash it out. Ten feet away from the CHERYL MCCALL: No,this type of bacteria is very
truck,we did detect some coliforms and the bacteria susceptible to UV light and drying,so,it has to have
count was actually not much different than the normal moisture and the right temperature conditions to survive.
background count. However,thirty feet away fro the STEVEN MOKRAY: And you don't think the odors are
truck wash,during the same wash down period,no going to increase by being stagnant.
_— coliforms were detected and the bacteria count was CHERYL MCCALL: No,I don't believe so because it,
basically the same as the background count. And then I like I said it's so diluted.
did another sample,the same distance away,five minutes STEVEN MOKRAY: The reason I ask that is because in
after the end of the wash,so in other words they weren't my drive down 66,the reflecting ponds there really have
spraying the truck,there were s till no coliforms a terrific odor.
detected and the bacteria counts were about the same, CHERYL MCCALL: Yeah,but as I understand those are
34 36
actually the mold count was down,it was a little hit quite a bit different than this pond will be. This pond
lower. Immediately afterwards I drove to the other site won't have the solids in it,so it will be very dilute.
and took the same kind of samples there and basically So it certainly won't be the same as a pond on a,at a
there wasn't any difference. The only place where any livestock facility[unintelligible]
coliforms were detected was ten feet from the truck wash STEVEN MOKRAY: Okay.
during wash down. Like I said before,thirty feet away MICHAEL MILLER: Bryant.
there were none detected. In consideration that thirty BRYANT GIMLIN: Show my ignorance here. What's the
feet away from the truck was there were,the background, significance of the coliform content,the amount of
the bacterial counts were similar to the background coliforms?
counts at the onion storage building site,it's unlikely CHERYL MCCALL: The coliform,coliform actually are
that any bacterial aerosols produced through the wash just a group of bacteria,it's an indicator organism.
procedure will dissipate any further than that away from The reason we test for coliform is because it's quick and
the wash bays. In addition,on days when the wind is easy and cheap to test for them. As to coliform
blowing from the wash bays toward the onion storage themselves,not all coliform are cause disease, the ones
building,the possibility that any bacterial aerosols that you hear about that cause disease are e-coli,
created might be dispersed a farther distance will be 0157H7,what you hear about in the beef recalls,the food
offset by the additional distance to the site,which is a borne illness outbreaks and stuff like that. But as far
minimum of 213,and probably a lot farther than that. So as coliform themselves, they are present in the
in my opinion,I don't believe that any bacterial environment normally,in the soil,and is normally in the
aerosols from a livestock truck wash facility will reach environment. The only time the only other thing you
the vicinity of the onion storage building. As far as might have heard about coliform is of course in drinking
odor,an odor problem currently exists at the site,even water,the standard for coliform is zero,but,you know,
though there is no truck wash there right now,probably does that explain?
from the adjacent livestock feed yards. So,I don't see BRYANT GIMLIN: Yeah,when you measure that,how is
'- that as being a problem. Any questions? that done,is that done like in parts per million or
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billion or something? said that L.W. Miller is leasing the Greeley Washout,
CHERYL MCCALL: Actually the measurement with this he's not leasing the Greeley Washout,he's only leasing a
instrument is in colony forming units,which is a colony terminal associated with that washout,so I wanted to
on the auger plate, Then it's corrected for,there's a clarify that for the record. Second,two things on
correction factor through count for the possibility that Cheryl's report,Mr.Gimlin and Mr.Mokray,coliform are
maybe two bacteria come in the same home on the face of an indicator of fecal contamination,we use them in
the instrument, they might land in the same place on the ground water wells and a lot of other areas because the
plate. There is a correction factor for that and then a issue we're trying to show is whether or not we have a
multiplication factor because it's,this measurement is potential to have manure contamination build. Second,as
per cubic meter of air sample,so. So it's a measured far as bacteria and pathogens,they're transported either
time and volume of air,so,that measurement,you know on dust particles or in aerosol,liquid aerosolization,
that's how that was done. So in other words,that's not, not evaporation. Do not confuse evaporation with
it's not a very significant number to have,to put it aerosol,they're actually not gaseous form water
another way,that plate had one bacterial colony on it, movement,there's not bacteria in them. But liquid
by the time I do the correction factor and the droplets and they can be micro droplets,but not
multiplication factor it's ten per cubic meter of air. evaporation[unintelligible]. To address your questions
That's ten feet away from the truck being washed. Thirty regarding the,I believe it would probably be dairy's on
feet away there were none. 66,any information that was handed out. We've got
BRYANT GIMLIN: That was my next question. another gentleman that I consult with regularly,this is
CHERYL MCCALL: Thirty feet away and possibly somebody who went out and dug up,just for this hearing,
closer, it's just that I took samples at those two named Mike Venhuizen[phonetic]. I really,instead of
different distances,ten and thirty feet,so. debating all the data that's been pulled off the
BRYANT GIMLIN: In following up to Steven's internet,the stuff Char's had to wade through and
question,then, as that water evaporated from the pond instead of debating all that again,we went out and we
would you expect to find an increased amount in that type looked for empirical data. We had Cheryl do tests on the
_ J
38 40
_ of test? site,I called my friend Mike,sent him the file,had him
CHERYL MCCALL: I don't believe so because I don't look at our design,he participated in consulting on this
believe they'll survive very well,so. project. More important than his report or as important
BRYANT GIMLIN: So it would be very,very unusual, as his report is,you have a copy of his resume and if
if at all. you could find that I'd really like to point out a couple
CHERYL MCCALL: I wouldn't expect,like I said, of things. He's got a Bachelors and Masters in Ag.
that,the water in that pond is going to be very dilute, Engineering from Purdue,but a PhD from Iowa State,that
the solids are going to be removed. So,without the PhD is in indoor and outdoor air quality and control.
solids there to support that,I mean,the solids are what His undergraduates are all,his masters and undergrads
contain most of the bacteria. Without the solids you're are in Ag.Waste Management Treatment and Control,but he
not gonna have the concentration of bacteria. specializes in indoor and outdoor air quality,
BRYANT GIMLIN: Is there a type of bacteria that ventilation systems,he's known nationwide for
could survive in that pond. ventilation systems both on hog confinements and all
CHERYL MCCALL: Oh yea, there's like. kinds of agricultural buildings,poultry buildings. He
BRYANT GIMLIN: That would be harmful to you,that was on the USDA National Taskforce for Air Quality,but
could potentially become airborne,put it that way. then if you go on,Mike published five books,three of
CHERYL MCCALL: Oh yeah, but it wouldn't be anything them on ventilation. He's got 11 bulletins out there,
different than the dust that's blowing around in this five on ventilation and manure safety,three journal
part of the world. So, it's not harmful. articles,39 proceedings,all on measurements of air
BRYANT GIMLIN: Okay,thank you. quality and manure management,practical control of
_ MICHAEL MILLER: Any other questions for Cheryl. livestock odor,solutions of livestock odors,odor
Okay,thank you,Tom. regulations,ventilation,proper odor management,nine
TOM HAREN: All right. To finalize my comments,I technical papers,nine design evaluations,several videos
have one correction and then I'd like to address Mr. and six awards for his publications. And the reason
Mokray's and Mr. Gimlin's questions. But,earlier on I that's important is all of our research and all of the
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records we've been working through,there's nothing to Baratta,I'll let her talk about it real quick,I
^ support the contention that onions are going to absorb actually brought some of the onions with us,and while
_ odor and that we're going to cause onions in this far from being research,we did conduct this test to try
facility to go bad. What we intend to prove to you is to get site specific,relevant data and compared to what
that our impacts are not going to get there to begin the county health department. I've seen of the record
with,so those issues go away. But in Mike's assessment, and CSU's experts are saying,this is good as there is
not only did he talk about the air emissions,he goes out there on onions being able to absorb odor,because
over our waste management design and the loading rates, there is none.
which get to your point,Mr.Mokray. And how our MICHAEL MILLER: If you cold hold on for just a
separation system is going to work and the second. I hate to do it but I need to take a break.
recommendations on the national standard on how you TOM HAREN: Okay.
design those for odor reduction. He goes through MICHAEL MILLER: We'll take about a five-minute
calculations on humidity based on how much water is in recess.
the pond and how much surface area is on the pond and [BREAK IN TAPE]
weather conditions in Colorado. He talks about the MICHAEL MILLER: Okay,we'll call this meeting back
aerosolization and pathogen transport and bacteria and to order. Go ahead Tom.
also about insect vectors and flies and in his TOM HAREN: I'll wrap it up pretty quick since,we
conclusions he states it's unlikely that livestock truck already had to take a break. I left off talking about,
washing will have significant impact or contribution of we tried to do our own study to get to this issue of odor
odors or emissions to the local area and adjacent storage and onions and I'll turn it over to our agronomist,
building. It is unlikely that the livestock truck wash certified crop advisor and[unintelligible]Janine
will result in the transmission or transport of bacteria Baratta. We'll show you an appealing overhead.
_ or pathogens as a result of the truck wash operations for MICHAEL MILLER: I don't know about that.
the local area. It is unlikely that the land application [laughter]
of the wash water from the truck wash storage pond will JANINE BARATTA: Janine Baratta,B-A-R-A-T-T-A,Ag
42 44
_ result in the transport of bacteria or pathogens to the Professionals,4311 Highway 66,[unintelligible]Colorado
local area. It is unlikely that the location and 80525. Let me ask,as Tom mentioned,in absence of any
operation of the truck wash and storage pond will affect real,good research we just did our own study,quick
the humidity of the air in and around the truck wash. I t study in our office. We conducted it February 24 through
is unlikely that the truck wash will negatively impact March 1. What we did was we placed 21/2 gallons on
ventilation and environmental control function of the concentrated dairy manure in a 5-gallon bucket,
adjacent storage building. And it is unlikely that the MICHAEL MILLER: Before you go any further,I
.� truck wash will result in any change in the potential believe,I question the validity of testing these around
insect population in the area surrounding the truck wash sine we don't have any chain of custody of any of the
and adjacent building. Those aren't just statements, stuff,we don't'know where they came from or if these
he's got the expertise,but he goes through the are actually the onions in the box or?
calculations to prove why he has made those statements. LEE MORRISON: I think I agree they need to
And then we tried to get at the onion odor issue. And in establish that. They are in the process,maybe we should
talking about staff,there's no data out there. Even the hold until they've completed their introduction of this.
CSU onion specialist said hey,there's issues with rot MICHAEL MILLER: Okay. Go ahead then.
and some things that could be potential. But,he said JANINE BARATTA: I can go ahead and describe what we
he's not an onion expert and there's no data to support did with,these were placed inside of a storage unit,
it. We got with our agronomist on staff and we bought that is adjacent to our office building,it is an
some onions and you now in my business we also have unheated storage area,it is 21 feet by 5 feet wide by 3
access to a considerable amount of manure,not all coming feet high. The temperature were monitored at
out of my office,but approximately 3 o'clock,which would be the maximum
MICHAEL MILLER: Does it originate there? temperature outside during the day and the temperatures
TOM HARE N: There's not data out there,we said within the building varied from 55 degrees to 61.3
what's gonna happen if we put onions beside a bucket of degrees Fahrenheit. We placed a white and yellow onion
raw,concentrated dairy manure. We did that and Janine in this open box two inches away form the manure bucket.
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Then we placed another onion about five feet directly to pass around the onions to make the point. With that
above the bucket to try and capture any volatile said,you've had a lot of information thrown at you,both
_ compounds that might arise,some compounds rise,some in the file and today. We apologize if this information
sink,so we placed onions in both locations,above and seems late,but continuances are a very important issue
adjacent to the manure slurry. We also placed three to us. We received our data in the file from the
onions in our office proper. So you'll see two boxes, opposition group about four days prior to the last
one is marked control and one is marked,adjacent to hearing and we received some of this on odor,or some of
manure so that you can compare the differences between the additional onion information,as late as last night.
the onions and see. The control onions were placed in And a letter on that odor might happen although Jessica
our office,away from the manure and should not have been Davis is not an expert,we received that this morning.
affected by any odors and the temperature in the office We felt it was important,both with Cheryl and both with
was 73 degrees Fahrenheit. That's what we did and then our onion test and Dr.Mike Venhuizen to try and get some
_ we did a sniff test afterwards and we presented those real information,because these people are experts,we
here to you,so that you can take a look at that and did it on site,we did it with actual data,we looked at
judge for yourselves whether you can see a difference in exactly what's going on,now trying to make something
the onions and smells. fit. We'll just let you judge for yourself. What I'd
STEVEN MOKRAY: How long did you leave the onions like to point out is all you had to regulate on is what
exposed? will happen. You must regulate on what will happen,not
JANINE BARATTA: From February 24 to March 1,so, all these things that could happen or what might happen.
six days. We're talking about land use,we're talking about a land
MICHAEL MILLER: John. use that is almost identical to a land use that's down
JOHN FOLSOM: Did you do a test taste also? the road. The city of Greeley that's been operating
_ JANINE BARATTA: No,we haven't cut them open,one there,the same size,under a lot of the similar
of the reasons was,as Cheryl mentioned when you cut them conditions,although it's older with older technology,
open you release a whole set of aromas from the onions for years. Same road,same access,same trucks,we
46 48
_ and we were afraid that would mask any potential presented this empirical site-specific data and as the
difference between the two onions. But we can do that guy from,consultant from California that was submitted
now? last night,from UC Davis talks about what's reasonable
[laughter] and prudent,we feel we've done everything to respond
LEE MORRISON: Well,as long as it's relevant,if today,to show what is reasonable and prudent,prudent
you believe it's relevant you can put your own weight on efforts to address your concerns an the concerns that
how important this is to your decision. were presented in file. So I'd just like to end up that
MICHAEL MILLER: Okay, our client,L.W.Miller has been in operation for a
LEE MORRISON: I'll pass this full box and the number of years,you've seen pictures of his facility,
second box is the one that was manure exposed. it's first rate,it's well--kept,it's well designed,he's
MICHAEL MILLER: This group should be most qualified been a good neighbor,he's in the area now,he's an
at separating manure from non-manure. integral part of the business in the neighborhood and he
[laughter] will continue to be a good neighbor,so,thanks.
TOM HERAN: Mr.Chairman: MICHAEL MILLER: Thank you,any questions for Tom?
MICHAEL MILLER: Go ahead,Tom. John.
TOM HERAN: We realize this is far from scientific, JOHN FOLSOM: Mr.Morrison might tell me this is an
given the[unintelligible]and chain of custody as has inappropriate question,in your opinion will this area
been pointed out. Our intent is to show two things, support two truck wash establishments like this?
number one while this is speculative,this is all that TOM HAREN: Well,let me answer that in t a
there is that's out there,there is no data on onions different way,
absorbing manure odor. All the experts from CSU and UC MICHAEL MILLER: Hold on Tom,let's get Lee's answer
Davis have acknowledged that there's no information. So, here.
we don't expect you to put the kind of weight on this, LEE MORRISON: You can ask,but how is that tied to
had we done that we would have actually had more the criteria?
information,scientific data,analysis and more than just JOHN FOLSOM: Well,I'll tell ya,what I'm getting
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at and maybe this isn't appropriate,but we do have a within limits of what goes out,yes we plan to recycle.
situation,where people do apply to the county or USI, Second question is,using that water,will it increase,
—
etc.,which the possibility is,I'm not saying it is in I'm not qualified to answer that,that would be a guess,
this case,by just a negotiation,in other words,is it, however,I'll present a couple of bits of information;in
and obviously there is a lot of money and effort into our file,actually within the file that the opposition
this application,but is it just a possibility that presented,talking about setbacks of 200 feet,we've got
—
you'll negotiate with Greeley truck wash? those kind of setbacks. Cheryl's information talked
LEE MORRISON: I don't' know that's relevant at about,she is out of the water spray,she was in the
this,if it fits the criteria and it is ultimately water spray at ten feet,she's out of the water spray at
— determined it should be permitted,I,you know,I don't thirty feet. Evaporation does not carry pathogens. It's
think that whether they will a use a different facility micro-droplets and aerosolization of water. So,how far
ultimately or not is really relevant to your decision,I is water gonna spray from the truck,I would say however
—
think you have to assume it's gonna exist. It is an far that is,you're subject to in the coliform samples,
extensive proposition to go through the if you're collecting it where the water falls you might
MICHAEL MILLER: I don't'think we need to stick our find fecal contamination,but how far is that? Second
nose in what the economics of whether two sites can be thing is,if you'd like to see a truck being washed,we
—
supported or not,if that's the case then we'd have to have a video of it,we're talking about just washing the
review ever subdivision application that came through to inside of the trucks. So,we didn't show it because our
determine if we have enough lots available in the county presentations run longer than expected,but if you would
— and that. I think we ought to keep our nose out of that. like to make your own determination of how far that water
TOM HAREN: I have a different way of answering that goes,we have about three minutes showing the inside of
question. Whether this will support,whether the county the truck and then showing the outside of the truck,
—
can support two commercial truck washes is not the issue, showing the wash bay in Salt Lake City and I'll leave
we're not talking two commercial truck washes,our that up to the board if they would like to see that.
client's facility is for his operations,his trucks,his JOHN FOLSOM: Has any consideration been given,or
50 52
—
terminal,his dispatching unit and washing out his own is it practical to have the washout inside a building
trucks. The question of whose business plan,I agree, rather than out?
that's up to the operator to determine their business TOM HAREN: Yes and no. I'd answer that in a
plan will eventually be successful or not. He's just different way. We have set aside an area on the flat and
—
wanting a facility where he can have more than one I believe there's a condition that goes along with that
option,he's stuck right now. He wants his own,he wants regarding a buffer area for a break to be installed
to control his own destiny,his own prices,he wants to, between,on our flank side of the property line,between
— he wants his own facility for his own trucks,it's not the facility and the shed. That is something that we can
commercial in the sense it's supporting two business work with or have as a condition,I believe it's already
plans in a[unintelligible] there,Sherri?
MICHAEL MILLER: Any other questions,go ahead. SHERRI LOCKMAN: I believe it's part of their odor
—
DOUG OCHSNER: Tom,on the truck wash,will it be control plan,we're not asking them to put in at this
using recycled water that it's collecting then reusing time,but should odor become a problem that is part of
and if so,could that affect the air tests that were done the plan that they have proposed could be put in.
on the Eaton wash? TOM HAREN: We would offer the same thing for the
TOM HARE N: That's a good question. And I'll answer other mitigating factors[unintelligible]
the first part and I'll say I'm not qualified to answer MICHAEL MILLER: Any other questions? Tom I got a
— the second part. We do have it plumb,as you know water few for you. The numbers you gave for the number of
is a precious commodity,we do have it plumbed to use washouts that you used Greeley Washout for,you said you
recycled water in the truck wash. To get out the initial washed out there last year,1800 times or something like
—
flush of brick solids,then we're gonna use clean water. that and Mr.Duggan's letter said there were a total of
Now that's gonna be subject to availability of water and 1900 washouts done there,it sounds like you're the only
land applying what's in the lagoon,we have,our design guys using that washout basically,is that accurate or
includes operating levels in the pond to keep bacterial can you g back over those numbers for me?
—
flora there for odor control and biological control. So TOM HAREN: The only numbers I have are the numbers
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of washouts that L.W.Miller did at the Greeley Washout, trailers going?
"1 I don't know how many washouts the Greeley Washout TOM HAREN: You're right. Well, there's one
—
facility did above and beyond that. discrepancy in what the staff has versus what we have in
MICHAEL MILLER: You made the statement that you did the application. The staff put in the conditions,ten
so many out of the total number that were done there. trailers,our application says approximately ten,so if
TOM HAREN: Oh,the statement was,I apologize,if we're gonna cap that,and say exactly tenor no more than
.—
that was unclear,the statement was,that there's a ten,then what we said in our presentation
letter in the file from Ed Duggan whose an attorney [unintelligible] to go from ten to fifteen.
representing the Greeley truck washout that used some MICHAEL MILLER: Sherri, are we putting a limit on
— numbers from their operations to represents how many how many trucks are going to be dispatched out of here in
trucks L.W.Miller had and then L.W.Miller submitted a a day?
letter to the file saying how many trucks it had. They SHERRI LOCKMAN: We didn't say how many trucks
—
were both talking about only L.W.Miller's trucks. dispatching,we did say that they had to meet seed out
MICHAEL MILLER: Okay. You've applied for the requirements for the amount of trucks going. We did put
ability to park 50 trucks there,it's kind of,if I a limit on trucks that are going to be able to be parked
understood correct,and maybe this number is wrong too, there and we did put the limit on ten,they did say
—
but,you're only talking about dispatching 15 a day,is approximately[unintelligible]to exactly ten for the
that correct?I'm not a rocket scientist but that doesn't wash.
seem like very good economics to have 50 trucks parked MICHAEL MILLER: So they could,within the terms of
— there and to only dispatch 15 a day and if you're the this permit dispatch 50 trucks a day?
dispatching 15 a day,and you're only allowed to wash SHERRI LOCKMAN: No,they will have to follow what
ten,what's happening with the other five trucks? they put in their application. I think if you want to
—
TOM HAREN: As trucks come in and go out,and I know grant them some more leeway you can,
you're familiar with trucking,but for those that aren't, MICHAEL MILLER: I don't think we have a limit now,
on a facility,there is also a maintenance facility here, that's my point,we.. .
54 56
—
so those parking spaces are not just for semi's,trucks SHERRI LOCKMAN: I think they put it directly in
and trailers,but also for trailers,the truck may go their application that fifteen would be dispatched.
out,but the next day make another haul,bring a trailer LEE MORRISON: You want to address the number of?
back,that trailer could sit there. So there could be MICHAEL MILLER: Well,we,they've said fifteen
more spaces or more trailers than actually correspond trucks a day,to be dispatched,they've said ten trailers
with the number of tractors making trips in and out for to be washed out a day,but nowhere in the conditions of
many reason,maintenance and washing aside,there may be approval or development standards do we say,a maximum of
— trailers that get dropped off,our tractors picks them fifteen trucks a day can be dispatched out of here.
up,washes them,while the trucks are out doing something We've got 50 parking places there,it's possible they
else. And the other issue is when we have engineering could be dispatching 50 trucks a day out of there,I
staff drawing,this did come out with stature view and we think that's a point that needs to be clarified. That's
—
didn't feel that it was significant enough to change it, what I'm getting at here,we've got capacity for 50
because our concern is trucks in and out. Too many trucks,why do we have capacity for 50 trucks if we're
parking spaces goes to an issue like Lee was talking only dispatching 15 a day?
about,the amount of gravel,amount of pavement and that LEE MORRISON: Yeah,and I,that is something you
sort of thing,how much L.W.wants to spend. could address,I think you may want to take testimony to
But we might have engineers getting a little over get to the end,or get down to the details of the permit
— zealous on how many lines the draw on our site maps,but when you address that. I don't think,it's a little bit
there are more than trucks coming in and out hard to enforce,but I don't think it's inappropriate to
because there will be just empty trailers sitting there. consider such a limit.
—
Does that help? MICHAEL MILLER: Any of them are going to be tough
MICHAEL MILLER: Well it answers part of it,not, to enforce,I mean,how are we going to enforce ten
^ what about the other five trailers that you're trailers being washed a day.
dispatching that you can also wash ten a days,you're BRYANT GIMLIN: I think on the wash issue,you're
—
dispatching fifteen,where are the other five dirty not gonna wash a trailer every time it comes in and out
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of the yard. You know. maintain certain levels and I'll point out Page Three of
"--... MICHAEL MILLER: You should,if it had cattle in it, Mike Venhuizen's report,"The natural resource
—
don't you generally wash a trailer every time you carry a conservation has established design loading rates"and
load of cattle around? this is some new information just in the last three years
TOM HARE N: Actually I had asked your client at the I would say,three or four years,"based on the Ag.Waste
break about trucks being parked on site and they are not management field handbook the Biological Loading Rate of
—
always,sometimes they will be left in the yard, they approximately 4.75 pounds of volatile solids per thousand
might move them later or wash them on another day. I cubic feet is recommended for adequate biological
think for how many trucks are being washed,we've given treatment. The expected loading rate of the wash water
— tow and a half years,both in the oppositions submittals and treatment lagoon is about 2.15 pounds of volatile
to the record and ours of what actually gets washed. So solids per thousand feet,per thousand cubic feet. The
I think that's a pretty good record. I'd be willing,for NRCS Ag.Waste Handbook designed recommendations for
public testimony,to go into discussion,should you loading rates both to control odor,these loading rates
approve this on the condition that you come up and draft should be reduced approximately 50%where odors must be
something that makes you feel comfortable. I'd like to minimized". The predicted loading rate for the wash
get away from the term dispatch. I know you're using water pond is about 45%with a designed biological
—
the,have some background in trucking,because the Utah treatment loading,that wasn't a coincidence. We
operations and some long haulers can actually have their designed it that way. I believe historically facilities,
trucks at home,I mean, coordination is what I,which is and again I don't know,because I haven't been on the
.— the dispatch that I think of,will go on for many trucks Duggan site or the Greeley Washout site,excuse me,but
all over the country. I want to talk about trucks older feed lots and dairies included,they dug a hold in
leaving the site,in and out,I think what the limiting the ground and it didn't hold all the water they needed
— factor should be is if we tie into the discussions of for the time that they needed so they dug another hole in
Gloria Idler[phonetic]of C-Dot and what she's put in the ground or made the one they had bigger. This is
there as limits and trigger points. We'd be very designed to do something to design,with recent
—
58 60
—
comfortable with that. technology for odor control management and we also have
MICHAEL MILLER: Okay,the last question I have for equipment in place that wasn't available a few years ago,
you,you'd referred to the new technology in this so.
application versus the technology in place at the other MICHAEL MILLER: Do these,does this collection pond
—
truck wash. Unfortunately I had the experience of living use aeration?
adjacent to that other truck wash and I hope you have TOM HAREN: No,it does not and I'd like to point
some new technology because that truck wash has some out,in Dr.Venhuizen's report,it also goes to the issue
— moments of less than stellar performance. What new that Cheryl was pointing out on pathogen transport,
technology do you have that's gonna make yours smell a bacterial,that's Page Five,bacterial pathogen transport
lot better than this place? around Ag.Production facilities is typically due to
—
TOM HAREN: Well,if I remember right,I believe I, either particulate aerosol transport. Any water droplets
the history of that facility aside,we'll talk about what or aerosols created by effective of wind current would be
I know of the facility now and I am speaking a little out carried,and that kind of thing,but,it goes on to talk
of context. about,"in addition the handling of wash water in the
—
MICHAEL MILLER: Speak into the mic a little more, storage pond is not required"because of the way we
can barely hear you. designed it. "does not require the surface to be stirred
TOM HARE N: The technology that we're talking about, or agitated,which could increase the potential for
— first of all the cost-effectiveness of having a string aerosols to be generated. Therefore the risk of bacteria
system available to this type of facility or any and pathogen transport from the storage pond to the local
agricultural facility that is this good didn't exist five area is minimized by the treatment characteristics of the
years ago. Second,in Mike Venhuizen's report, that's storage pond,the planned handling,collection and
—
what I was talking about how much water is left and what transfer activities that do not involve agitation of the
the loading rates are,because things are actually sized, liquid surface".
believe it or not,on the total depth,the flow, the MICHAEL MILLER: So on the one hand at the Greeley
whole lane application system is actually sized to truck wash they're using aeration to promote the
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bacterial growth to keep the smell down and you're not name and address and spell your name please. I would ask
using aeration to accomplish the same thing. that if there are a lot of you gonna speak that you try
—
TOM HARE N: And I'd like to point out,we've been not to be repetitive or we'll be here till breakfast.
through this aeration issue on feedlots and dairies. You Come on up. Not everybody at once.
don't see it a lot because to do it right,to actually JESUS: Hi Everybody,my name Jesus Perez,J-E-S-U-S
get enough aeration,like in use at a Wastewater P-E-R-E-Z and I got a property down there 23426 Highway
Treatment Plant,it costs a whole lot of money in energy 263 and I never was notified about this truck wash and
costs. You see aeration sometimes being used to help finally I hear from somebody else that I was going to
with a problem,but if it's not enough aeration to come to the hearing and I said yes. The piece of
— actually facilitate treatment of the structure,then all property,I got down there,there used to be a truck wash
you're doing is volatizing odors. So if the Greeley back in 1990-something,I don't remember,the health
Washout facility wasn't purposely designed and for department shut it down for some reason and I thought
aeration those ponds have to be constructed to a certain that this was properly after it was shut down. My
depth,a certain width. A lot of ponds,or a lot of question is,what's the difference between back then and
aeration chambers in the municipal wastewater treatment today to open the truck wash back there.
plants are circular. If it wasn't designed for that and MICHAEL MILLER: Well,we don't have the information
—
the loading rate wasn't included in the calculations to as to why that truck wash was shut down,I do know some
figure out the aerated volume,most aerators that I of the history of it,it was not a very well run
review and get involve with,older systems are inadequate operation and it didn't meet the standards,so,they were
— in volatizing odors. unable to continue to operate it. The difference would
MICHAEL MILLER: Okay,Jim. be that this,if this was approved it would he approved
JAMES ROHN: I'm gonna go back to the truck dispatch with standards,they would be required to meet and
— thing. Now when you say 15 trucks are being dispatched maintain or it would be shut down also.
out of there a day,that means that they leave go pick up JESUS PEREZ: Okay,that's all I had to say.
one load of cattle,take it whatever and come back at the MICHAEL MILLER: Okay,any questions.
62 64
end of the day,am I misunderstanding that calculation? JESUS PEREZ: Thank you.
—
TOM HAREN: Yes,there are trucks that may be MICHAEL MILLER: Thank you.
dispatched and not come back for a week. There are ELBA JOAN LAUCK: My name is Elba Joan Lauck,Elba
trucks that may have not left that facility that day, [unintelligible],middle name Joan,J-O-A-N,last name
— there may be two or three trucks that have been gone for Lauck L-A-U-C-K. I reside at 23700 Highway 263,which is
quite some time that come back on the same day. That's directly to the south of the Murata's warehouse. In May
part of the reason why,when you're dealing with local of 2000 a permit request was placed at the county to run
— and long haul,getting your hand around,that's why I'm a multi-use septic,that was all complied with and was
concerned about the term dispatch,trucks that are called signed off with a final inspection and certificate of
in and out,aren't one for one on every single day. occupancy in September of 2001.
JAMES ROHN: Now,just to make,myself,to make it MICHAEL MILLER: Could I get you to speak real loud
clear. The wash part is just a privately owned business, for me please?
a private thing for your trucks,my question is,do you ELBA JOAN LAUCK: We purchased the land in March of
have any idea what the amount of trucks that use the 2002. We purchased the land to live out there on four
Greeley Washout are,what kind of use,what percentage acres and to have solid peace and quiet,we knew there
your company uses it? were feed lots that wasn't an issue,but I am concerned
TOM HAREN: Now I have no idea what the total use of about the number of trucks we're talking about,I too
— Greeley Washout is,or what percentage L.W.Miller uses have been acquainted with the Greeley Truck Wash,I used
of the Greeley Washout. to work at Bertis[phonetic]Company and I know some of
JAMES ROHN: Thank you. the issues,but those issues are now affecting my home,
—
TOM HAREN: I have no idea. not just the business. You had some questions earlier
MICHAEL MILLER: Any other questions? Okay,thanks about the onion warehouse,there was a question raised
Tom. At this time we'll open this hearing up for public regarding Greeley Truck Wash,can the county support it
comment. If you would like to speak either for or [unintelligible]support those two businesses? One
.—
against this application please come up and give us your gentlemen said that's not a concern,it has well thought
—
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out planning and zoning. Everybody has a right to live, Howard F.Schwartz,professor of plant pathology for CSU
everybody has a right to have their business. So,one has 20 years of experience working with the onion
incoming business can affect existing business and I industry. He believes that the proposed truck washout
—
think you need to have a little stronger looking at this, lagoon could increase the average humidity level of the
thank you. outside air,thereby impacting the Murata Farms ability
JAMES COULSON: My name is James Coulson,I reside to bring in dry air at critical times to mix with the
— at 829 E.3rd Street,Florence,Colorado. I have land at more humid area generated by the perspiring onions in the
Weld County Road 62. shed. More humid conditions or condensation of water
MICHAEL MILLER: Could you spell your name for us from the shed roof onto the onion pile could enhance
—
please? storage rot problems. Murata Farms LLC cannot sell
JAMES COULSON: C-O-U-L-S-O-N and I have property at rotten onions. Number two,Dr.Schwartz also contends
County Road 62,222785 is the address. We have,I have a that the onion bulb is a live plant organ that absorbs
concern because there's a sprinkler system that's to the air and possibly airborne odors that could in tern affect
—
south east of my property and again I didn't have any the quality,flavor,smell,taste of the product,which
notice of this hearing,but I think I might be impacted in tern could affect the value and acceptability in the
by it,and the fact that material from the pond would be marketplace. Now,the tests that they did,these onions
.' putting through the sprinkling system and I have a real are stored from September to February,approximately five
concern with it going through the sprinkling system with months,in an enclosed and heated warehouse,so the
the airborne pathogens. We've talked about aeration, accumulation of the smell will hold inside there.
that's rally aeration when you put that pond water Murata Farms LLC cannot sell onions that smell like
through a sprinkler. That's a major concern for me, manure. Number three,according to Dr.Trevor Suslow,
thank you. University of California,Vegetable Research and
MOLLY MURATA: My name is Molly Murata,Murata Farms Information Center on Post-Harvest Quality and Safety,
LLC,our onion storage warehouse is at 223691 Highway 263 speed to shelf,said that there are several published
in Greeley. reports that confirm that plant organisms can absorb air
66 68
MICHAEL MILLER: Can you speak up please? Can you and possible airborne pathogens transferred by flies,
spell your name please? blowing manure dust and micro-droplets from wastewater
MOLLY MURATA: Molly Murata,M-U-R-A-T-A We at used in the sprinkler system. Dr.Al Jones from the
Murata Farms LLC and the residential houses directly University of Arizona,Department of Veterinary Science
"— south and east of the proposed truck terminal washout are and Microbiology and I have his phone number,he said I'm
the present residents that will be immediately affected a molecular biologist,but based on your description of
by the proposal to share highway entrance and adjacent the situation it clearly sounds like potential fecal
property with the Murata Farms Onion Warehouse on Highway contamination of the onions is possible if the spray
263. The USSR 1441 application,for tractor-trailer reaches your facility. Flies,of course,can bring fecal
trucks that haul pigs and cattle to include a 5-bay contamination into an area from a distance and the number
washout area and wastewater storage lagoon. When the of flies will surely increase once spring starts. There
lagoon is full,the owners plan to use the nearby should be some state regulations concerning how close
irrigation sprinkler to spray the farmland that surrounds fecal waste material/matter can be sprayed next to an
the onion shed on three sides. The exposed sides of the Agricultural Storage Facility. Dr.Al Fields also agrees
onion shed include the four large bay doors where we load with Dr.Suslow,they have communicated by phone and that
and unload the onions,as well as the ventilation window Colorado State University has the ability to take the 1-
that opens to let air,to help control humidity and the 2%sample of possibly contaminated onions,washed and
heat of onion piles. Murata Farms LLC's primarily tested after contamination. Murata Farms LLC cannot sell
concerns are three fold. Onions in storage cannot be onions that expose the consumers to human pathogens.
insured. Curing and storing of onion bulbs rely upon Now,according to the Greeley Tribune,Weld County
Murata Farms ability to manipulate the temperature and Consumers are concerned about their food safety and with
humidity with the onions and sheds so that conditions do good reason. The CDC division of Bacterial and Mitotic
not favor contamination by or growth of storage rot [phonetic]Disease and the National Federal Food Safety
organisms,which is bacteria,or fungus that could affect Conference released state,excuse me,that new,more
— the marketability and storagabilty of the bulbs. Dr. viral pathogens as well as old pathogens are finding
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their way into immune foods and that we need our human disease. According to the US Food and Drug
respective strengths,resources and people power,working Administration,bad bug booklet,c-[unintelligible]is
together to create the feel of safety for consumers. Now the leading cause of diarrhea illness in the United
new technology allows us to get,to test pathogens States. The effective dose is small. The bacterial are
[unintelligible]more easily than before. In response to often carried by health cattle and by flies. Non-
this threat the US Government created Force G a team of chlorinated water sources such as ponds may also be
federal and state food safety experts to respond to sources of the infection. E-coli and salmonella are also
outbreaks quickly. The USDA encourages producers to found in that manure. According to the key points of
adopt voluntarily on farm practices that promote food control management of microbial food safety,I have the
safety. The US Food and Drug Administration provides a address on the list,outbreaks linked to fresh produce
booklet that is an evaluation and analysis of preventive have occurred and have impacted large numbers of
control measures for the control and reduction of micro individuals according many states. Once contaminated,
biohazards on fresh and fresh cut produce. I gave that removing or killing pathogens on produce is very
23-page pamphlet to the planning,the planners. This difficult. Prevention of microbial contamination at all
pamphlet states that it's purpose is to identify steps from production to distribution is strongly favored
production practices that may influence the risk of over treatment to eliminate contamination that may have
degeneration and exposure to the consumer by human occurred. With all vegetables,especially those that may
pathogens. These risks apply to the proposed truck be consumed without cooking steps,the beset approach to
terminal washout if located adjacent to the Murata Farms maintain the wholesome nature for safe consumption and
onion warehouse. The packet states and I quote"clearly edible produce is to be aware of the potential risk and
the risk associated with the purposeful introduction of to systematically identify and established practices to
pathogen contaminated input,such as inadequately aged minimize the change of external contamination. In
manures,inadequately treated wastewater,inadvertent summary, Murata Farms LLC cannot sell rotten onions.
contamination such as adjacent land use have been long Murata Farms LLC cannot sell onions that smell like
recognized. A potential hazards exists for persistent manure. Murata Farms LLC cannot sell that have been
70 72
pathogen population to be transferred to harvest crops contaminated by human pathogens. According to the Weld
indirectly through contaminated water,either by direct County site specific development plan packet,this
cross-contamination by proximity to inadequately review,special review is designed to protect and promote
composted animal manure and bio-solids. Those will be the health,safety,convenience and general welfare of
coming in from the trucks that will be entering adjacent the present and future residents of Weld County. The
to our onion warehouse. Not the pond,but entering proposed truck terminal washout should be denied.
trucks. Animal manure is often contaminated with human MICHAEL MILLER: Thank you. Hold on a second,
pathogens. This waste management issue is believed to be Molly. Jim do you have a question?
a key contributor to an intimately related potential JAMES ROHN: No,I have one for Sherri. We are
source of produce contamination". That was the EPA that concerned about the temperature and humidity towards
said this in 2000. A large number of factors influence these onions. I was just reviewing a development
the probability of human pathogens being established on standards,there are no conditions regarding the
produce and that scientific evidence suggests that human requirement that the temperature cannot be any higher
pathogens may be transferred to existing adjacent crops than 5%of,five degrees I mean,when anything leaves
by a variety of physical risks,such as wind,wastewater, that property,do they have anything like that?
contaminated dust,vermin and insects[unintelligible] SHERRI LOCKMAN: The temperature?
fecal matter. The risk of water pollution and JAMES ROHN: Yeah,or humidity?
contamination from waste spills,runoffs,seasonal SHERRI LOCKMAN: There's nothing in there.
flooding and lagoon unintelligible]is increased. Top MICHAEL MILLER: I don't think that's something we
officials at a recent national food safety meeting could control.
disclosed preliminary data,which demonstrated the food DOUG OCHSNER: Miss Murata,if you could help me
borne illness associated with fresh produce in the United understand,with all the possible contamination here,the
States is related to dominantly,the pathogens of animal difference that you see in this truck wash versus all the
origin. It has long been known that the improper use of possible contamination that could happen by this feed lot
manure can transfer pathogens onto crops resulting in that is very nearby and is driving by with truckloads of
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manure all the time. business there,but you're letting somebody potentially
MOLLY MURATA: Well,the trucks that are entering come in next to me and I have to prove that they're gonna
our storage unit,they're entering right,directly by the harm me,as opposed to them proving that they're not
storage unit. Whereas the trucks that are down by the gonna harm me whatsoever. I understand that technology
cattle,going in,that's on Road 49,so it doesn't come and the scare of the E-coli and some other pathogens,you
nearby our bay doors,it doesn't expose the ventilation know,it's a difficult situation. It's a difficult
'— windows like the entering trucks will and the spray will. situation for you and for me both. I just hope that you
We are surrounded by three sides,by the spray. will consider who was there first and deny the proposed
MICHAEL MILLER: Okay,thank you. truck-washing terminal.
MOLLY MURATA: Thank you. MICHAEL MILLER: Thank you,can I ask you a
MICHAEL MILLER: Does anyone else care to speak? question,I,you've been there for how long,storing
BRIAN MURATA: My name is Brian Murata. We have an onions?
onion shed at 23691 Highway 263 in Greeley and -- BRIAN MURATA: We built that building approximately
[interposing] 1994-ish.
MICHAEL MILLER: Can you spell your name Brian? MICHAEL MILLER: You're pretty close to 50,000 head
BRIAN MURATA: B-R-I-A-N M-U-R-A-T-A. of cattle there,has the,has anyone at any time ever
MICHAEL MILLER: Thank you. said to you,your onions smell like manure?
BRIAN MURATA: The prevention of microbial BRIAN MURATA: Well,we have a unique situation
contamination is,as everybody stated is pretty new there,we have not received that,but I understand
science,it's something that,in the food production, there's a produce house north of us that we send our
with the new safety standard they want to go from farm to onions to has had some indication of that,we tried to
table and they want you to be more diligent upon what you get some verification but they backed off on that,the
do as far as keeping your product safe for the general buyer. But,being a little bit higher than the feedlots
public. With technology they weren't able to find some and the river being right there,it generally tends to
things that they could find today,over the last couple flow towards the river and it flows a little bit farther
74 76
of years. E-coli is very easily detected. The problem north. It doesn't creep up the hill as much. Now,at
with the feedlots that are existing and when that this point,I haven't received any complaints. Now,I,I
building was put in those problems were not thought to be do realize that shoulda,coulda woulda,but if we're
a problem,at that time. As time warrants,as time goes adding to the situation,I have feed lots on the east and
on that situation probably won't be there anymore. You the,slightly to the north of me,a truck wash very close
know,but what we're asking is,where we don't want to to the north and the sprinkler to the west of me,the
add to the problem. When we put,I did a little study situation there seems like it's almost a no-win
over the last fifteen years,the high prices of onions situation. That building can't be used for the purpose
are not even the maximum,but,you know,I took a pretty it was intended for.
good price of onions,over the last 15 years and with the MICHAEL MILLER: Okay,thank you,Steve,hold on a
volume that's in that shed,I can get somewhere near second Bryant.
about 34,000 hundredweight per side. And,taking into STEVEN MOKRAY: Have you ever considered the
consideration about a 10%shrink,31,000 hundredweight, possibility of putting in some kind of filtration and
at the price,a pretty high price over the next 15 years, probably de-ionizing or something to that effect to
that comes out to about$1.2 Million Dollars per side, control your investment?
which is,at that point that's a substantial investment BRIAN MURATA: We do have ionizers,they're called
for me. On average it costs me approximately$12-1400 an ozonatois. We do have those in our buildings right now.
acre to raise them and get them to that point,into the I did talk to our ventilization specialist,they said we
shed. Now that's a liability which,I guess,you know, can try to,the only way that you could filter out that,
if approved I will have to stand,if,with the new into the ventilation system is to build a building
sciences,I have to be held accountable to actually prove surrounding it that the vents,that would have enough
it and the ability to actually prove something as volume and surface area,because,you know,when the fans
opposed,beyond a shadow of a doubt,or be,or just a start on,it's gonna collect and it has to be fine
preponderance of what's gonna happen,you know,what enough,screened fine enough to keep out flies,
you're asking me to do is,I've been an established particles,etc.,but yet once that thing,with the air
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pressure on it,you know,somebody's gonna have to be out anything that you've heard?
there cleaning,there's gonna have to be a way to clean TOM HAREN: I guess it's easier for me to start with
that and the surface area needed would almost,would be the last bit of public testimony and then work towards
so great that,you know,without some kind of a the first,since[unintelligible]. Regarding the money,
maintenance to dean that thing continually. whether it's spent on the terminal or whether it's spent
r STEVEN MOKRAY: What are you saying,it's not on the truck wash,money is still spent renting or
practical? leasing and if you've ever rented or leased,versus
BRIAN MURATA: That's basically what they told me, owning your own business,or owning your own house,
it wasn't practical or may be even feasible would be you're still paying that money to somebody else. My
better. client has the capability of having his own facility,
MICHAEL MILLER: Okay,thank you. Does anyone else having his own truck wash,that is$48,000 a year that
care to speak? Come on up. he's not having to pay for rent. That also goes to
ED DUGGAN: I'm Ed Duggan,D-U-G-G-A-N with Greeley whether or not$15 goes to a washer or not,we're talking
Washout. My address is box 340 Windsor[unintelligible] about a facility with L.W.Miller's employees,L.W.
and I have listened to this and he was talking about the Miller's trucks,L.W.Miller's washers. He can control
money spent. He doesn't talk about the terminal money, those expenses and better manager his business. I'm a
he talks about washout money that made me think you little at a loss in what we've tried to present to you
thought all that money went to the washout. $4,000 a today. We talked with Brian and Brian's a very nice guy
month went to acreage in town where the terminal is. and you know what he's got to say is important. About
MICHAEL MILLER: Speak up a little bit,Ed. the ability to prove what is and isn't gonna happen
ED DUGGAN: $4,000 a month of that goes to the rent versus a preponderance of what could happen. You know,
on the terminal in town,at 1645 First Avenue. So it is we've got a lot of information that was submitted to the
not,he's not spending near as much money on the washout file from internet searches and data sources that
alone. Plus,$15 of every washout,his drivers hire a included,you know,huge spectrums of vegetables,huge
washer,they don't work for me,they're self-employed. spectrums of pathogens and[unintelligible]things like
78 80
They have to pay cash to them and they're counting that that. What was tried to present to you today was proof,
as truck wash too which is not right. And an other not,Brian has to prove we're not going to harm him,or
thing,why do you need 5 bays for 10 trucks. The one in he's got to prove that we are,we felt that is our
Utah has two bays. This could be a commercial washout, obligation. We hired environmental health specialists,
because it says in the application,being owned,or we conducted on-site tests. We've designed our system to
leased or dispatched trucks,his operation,which I sold show that we're not going to have an impact. But,we're
part of it to him,he might be running trucks out of flexible,we've told you early on and we've told Brian on
California,out of Texas on his, they're hauling for him, the phone that we're willing,the pond is located where
so he could send them out to the washout. You've gotta it is so we don't have to have an extra pump,but we're
have a washout in this part of the area or you'll have flexible. If it gives him a comfort level to relocate
your streets full of manure,but you don't'need 5 bays the pond we're willing to talk about it. We're willing
to do 10 trucks a day. Whose gonna keep track, the to look at those things as long as it does not slow down
trucks going in and out,like you say,50 in parking the pace of these proceedings,granting continuances or
spots in and out,I own the Greeley Truck Line,since x85 us getting to the county commissioners,because as I
and we ran as high as 25 trucks there,those trucks come said,this is a financial issue to our client. But we
in and out all day long. Even Whitaker, my dispatcher recognize that Brian has concerns for his business and
over there,[unintelligible]how many times. I don't family as well. So we're willing to look at that as long
really know because I have my dispatch office in Windsor. as it doesn't impact the schedule,I think we can work
Any questions anybody? out some reasonable things there. And finally,with
MICHAEL MILLER: Any questions for Ed? No,thank regard to Mr.Duggan's final comments about what if and
you. trucks from wherever and,this whole broad picture thing,
ED DUGGAN: Thank you. I come back to,you gotta regulate on what's in that
MICHAEL MILLER: Does anyone else care to speak? truck,you regulate on what's in that plow you gotta
Okay,seeing none we'll close the public portion of this regulate on what's gonna happen, not on what could
hearing. Tom do you care to come up and respond to happen. Because if we change something, we gotta come
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here for an amended USR,that's all there is to it. Aeration can create aerosolization but,aeration but,we
That's the only comments that I have. Thank you. would be trying to facilitate a process in the pond.
MICHAEL MILLER: thank you,does anybody have any Albeit,aerosolization can occur in the sprinkler system
questions?John. we've accounted for the types of sprinkler we have,and
JOHN FOLSOM: Just something I thought of,is there the drops that we have and the nozzles that we have in
any way that the water in the pond could be treated to our plan design as far as low pressure and drops. The
destroy pathogens? Now I know that you've said that they other things that we didn't get into such as 200 feet,
are not going to be transmitted to the onion sheds,but, which is submitted by Mrs.Murata,the location of these
just in case? sprinklers within our own property or property controlled
TOM HAREN: Well,what usually happens with the by farmland is situated in such a way that there will be
wastewater treatment systems are two things,chemical that 200 feet of setback around our[unintelligible].
treatment or physical treatment,either ozonation/UV MICHAEL MILLER: Okay,Doug.
exposure or chlorination or ph adjustment. For this type DOUG OCHSNER: I guess, so are you saying that the
of operations,any of the physical treatments,ozonation minimum, or actually,the minimum distance from the
or UV is not practical. Chemical adjustment,the system sprinkler to their doors or where they are loading onions
isn't designed to take that into account,it's a whole and everything would be around 200 feet.
land application process and everything would be affected TOM HAREN: Oh, the minimum distance from the
by the addition of chemicals for that. So that long,all sprinkler to where they are loading is more than that.
along I've talked about maintaining a bacterial flora in Now,while this is not an exact survey of where things
the pond for odor control,but that's also a good are going to go,I don't'have another, their facility,
bacteria that's in the pond,it is going through my pen won't write on this,they are in the middle of
digesting and degradation. Also the pond is being this property right here,this is our side,we've got the
exposed to UV Rays from sun. What I would throw out more whole width of our side right here alone from this big
to looking at that,is,I had some notes passed to me,by unit there and again,I think,and the 200 feet weren't
Cheryl,on the,looking at some of the food issues and out numbers,that was from the researchers or the guy
82 84
pathogen issues and even the odor issues and she had some from UC Davis who presented in Miss Murata's file. Our
comments that considering the odor is present now,the information,and what Cheryl presented,she's talking
ozone is effective in removing odors,that's what they about 30 feet,50 feet and again the 30 feet on the truck
use in buildings that have been on fire,if you've ever washout,we're standing inside these trucks,albeit we're
been around buildings that caught on fire and the carpets only washing inside,we're also using a high pressure
and drapes and everything smells,they bring in ozone. wash,we're talking about sprinkler system. Now,if
The other thing is,I believe some filtration and you're thinking about traditional sprinklers systems with
charcoal filtration goes to the odor issue,but I think N-guns[phonetic]and we've all driven down the county
in combination with some flexibility,we've expressed road and been blow out of the wind storms and that's not
that we're willing to do,we've proved that setback what we're talking about,we're not talking about N-guns
distances and lack of aerosolization and some other and putting this stuff up in the air. So,I think,200
things with locating that we're willing to do in working feet is in their information and our tests that we've
with Murata's,I,you know,I don't think chemical done actually talk about 30 and 50 feet,I think we're
treatment is practical,but we're willing to do some well over 200 and okay at those levels.
other things and I think we'll achieve the same effect. MICHAEL MILLER: Steve.
MICHAEL MILLER: Tom,you said you're not aerating STEVEN MOKRAY: Tom,I think the optimum would be to
the pond,yet you're gonna be running this through put a cover over that pond,I'm not sure that's
sprinklers? practical. One suggestion,I would offer in lieu of that
TOM HAREN: Correct. is that I've been exposed to Greeley's waste management
MICHAEL MILLER: Which is essentially aerosolizing problem that they had down at their disposal plant and
the water from the pond,so,I don't think you're what they've done is they've put up some sprayers around
completely getting away from putting the stuff as the perimeter of their disposal area to saturate the air
airborne. and kill off the odors. That might be a solution to the
TOM HAREN: Well,I would agree to a point. problem and it would help these people.
Aeration and aerosolization are two different things. TOM HAREN: Like I said,we are willing to look at
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some issues and I think there are some things that get to approached the church about buying property. Because of
your concern,short of that type of system or definitely situations with recorded exemptions and timelines there
a cover. wasn't a piece of property identified that could be split
STEVEN MOKRAY: We're looking for something to off,in addition the church identified property and said
mitigate this problem. look,you've got good productive farm ground,we've got
TOM HAREN: Right. I stated earlier,we're wiling some waste ground,there's areas where we can let go and
to talk about relocation of the pond and moving some it won't have nay impact on the farming operations. This
things around the site to give a broader separation was one they identified. We're leasing it because we
distance,because,again we're talking,we're not talking can't split it off in the current timeline without going
about dairy sites,we're not talking about metro waste through a TUD to do a recorded exemption,but because of
water,and I know Mike you expressed you had some Murata's property with Lot A and an RA off of that farm,
experiences with,adjacent to truck washes,but I have no as soon as those timelines go by we plan to do a recorded
•� claim to what the design of those facilities were. Mr. exemption and split this off,that's another reason that
Mokray,other than the amount of water we need to keep in it's adjacent in a corner to a previous Lot A.
the bottom of the pond to keep biological activity going MICHAEL MILLER: Okay.
and keep the liner saturated,our intent is to keep this JAMES ROHN: Thank you.
pond de-watered. We have so much more land application MICHAEL MILLER: Any other questions? Okay,thanks
area than we're gonna have water,this pond is going to Tom. Sherri do you have anything to add to this,Sherri?
be not emptied because that dries out the liner,but this John. Sherri,there was reference in here,I believe a
pond is going to be in a de-watered state in all letter from Gloria Hy Sidler regarding a request for a
circumstances except for two. In our state application traffic study,do you have any idea where that's gone or
we're not allowed to land apply on frozen or saturated is that still a requirement?
ground. Other than that,we can apply at any time,which SHERRI LOCKMAN: I don't think a study is being
our intent if the concentrations are low we're not asked for at this point in time,because she did e-mail
worried about the agronomics content and[unintelligible] me after this.
86 88
content of the water. We plan,there's not gonna be MICHAEL MILLER: There was some concern about a
hardly any water in that pond to begin with. I don't discrepancy between
know if I made that perfect clear in my opening comments SHERRI LOCKMAN: Right,and we are asking them to go
about our waste management system. get a permit and meet whatever requirements C-dot does
STEVEN MOKRAY: I guess my concern is that we're ask for.
trying to protect another person's investment and how do MICHAEL MILLER: Okay.
we do that in a practical way. SHERRI LOCKMAN: But I did have an e-mail beyond
— MICHAEL MILLER: John. that. I'm not sure where it is,but it is a condition of
JOHN FOLSOM: Tom can you give us an estimate on approval that they meet C-dots requirements.
each washout of an individual trailer,the gallonage of MICHAEL MILLER: Any discussion or,anybody care to
water and the duration of the wash time? offer their opinion on this,John?
TOM HAREN: The gallonage of water that we plan in JOHN MOKRAY: I thought we had to address,as far as
our design is about 3,000 gallons and the duration of the number of,discrepancy between the 10 and the 15,as
wash is about 1 hour. far as the number washed and the number of trucks that
MICHAEL MILLER: Jim. were going in and out.
JAMES ROHN: Can we get a little bit of a detail on TOM HAREN: I guess it's up to us if we want to
how you came to choose this site as your proposed washout place a limit on how many trips in and out,now is the
and dispatch center? time to do that.
TOM HAREN: I don't'know that I'm the most JOHN MOKRAY: I wouldn't have that,would I?
qualified person to tell you about the site selection in TOM HAREN: Are you? Well,hey -- [interposing]
and among itself. One of the people involved in L.W. MICHAEL MILLER: -feeling about it?
Miller's business was involved with the Par [crosstalk]
[unintelligible]when Mike Serta[phonetic]. He also MICHAEL MILLER: It's gonna be a tough thing to
leases all of the farmland property. When L.W.Miller enforce.
and Mike were talking about doing a facility they JAMES ROHN: Well,a lot of things we do are tough
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things to enforce,but we should be. USR 1441 together with the development standards and
MICHAEL MILLER: I think based on the historical conditions of approval to the county commissioner with
numbers,they're well below what the limits are right our recommendation for approval,please poll the board.
now,if they were to do 15 a day,so I don't know that FEMALE VOICE 1: Ochsner?
it's really necessary. Jim. DOUG OCHSNER: I think it's a very difficult case,I
JAMES ROHN: My concern would be that a business mean,I do understand the Murata's and their investment
that's like this and they are probably going to grow, that they have. But I guess I do feel that it's been
would seem to limit the amount of use they could have to proven that it won't affect their business and so I'll
this and restricted greatly. vote yes.
MICHAEL MILLER: You want to restrict them? FEMALE VOICE 1: Folsom?
JAMES ROHN: No. JOHN FOLSOM: Yes.
MICHAEL MILLER: Is that what you're saying? FEMALE VOICE 1: Rohn?
JAMES ROHN: No,what I'm saying is,what they've JAMES ROHN: Well,I've been sitting here debating
asked for seems to be restrictive for what a company about this,I look at it and I hate to see anybody lose
their size could be using. money or have to worry about their family income in a
MICHAEL MILLER: Right,I agree. I think there's situation like this. I believe that with two feedlots to
more concern in limiting the number of washes probably the east probably were[unintelligible]a greater harm,
than there is the number of trips in and out of there per I'm very reluctant to and would vote no in a minute,but
day. I'm gonna have to say yes.
BRYANT GIMLIN: Ken's already. FEMALE VOICE 1: MOKRAY:
MICHAEL MILLER: The number of trips is number one STEVEN MOKRAY: I'm also concerned about the onion
is probably an unenforceable,but if you could,right, storage. I'm not sure we're taking all the precautions
they might have 20 one day andfive the next,I mean, that we could to prevent it and therefore I'm gonna vote
that's the nature of the beast. But I think the,at no.
least as far as the discussion has gone today,the FEMALE VOICE 1: Gimlin?
90 92
control probably needs to being the number of washes BRYANT GIMLIN:Yes,I think the applicant
because that is what goes to the amount of water that is demonstrated,at least to my satisfaction that the,were
generated and all the way through the process,whether
it's in the pond or it is being land applicated and that there is now significant chance of harm to the onion
kind of things,so probably. shed,so yes.
BRYANT GIMLIN: That ten washes is 30,000 gallons
over ten hours of washing. FEMALE VOICE 1: Miller?
MICHAEL MILLER: Right. Yeah,I think we're pretty MICHAEL MILLER: Yes with comment. I would
well regulated out on that. I don't think we need to go encourage the applicants to,prior to the,taking this to
any farther if nobody else feels we do. If no other
the county commissioners to have an alternative location
discussion I will prefer a motion? Actually I guess I
need Tom,have you had an opportunity to review these for that pond prepared and ready to present,I'm not sure
development standards and traditions of approval and are
they'd be able to at that point,but I don't feel it's
you in agreement with them?
TOM HAREN: Yes sir I am. going to be a significant threat to the onion storage
[crosstalk] shed. But,it is a concern,there doesn't seem to be any
MICHAEL MILLER: No further discussions or motions,
John. exact science to show either one way or the other. But,
JOHN MOKRAY: I'll move that US1441 be forwarded to I think the case has been made that there's a minimal
the board of county commissioners,along with the possibility of that. Motion carries. well take a 5-
conditions,developments and our recommendation is for
approval minute recess,let everybody get reset.
MICHAEL MILLER: Do I have a second?
DOUG OCHSNER: I'll second.
MICHAEL MILLER: So moved by John,seconded by Doug,
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Aeration and aerosolization are two different things.
Aeration can create aerosolization but, aeration but, we
would be trying to facilitate a process in the pond.
Albeit, aerosolization can occur in the sprinkler system
we've accounted for the types of sprinkler we have, and
the drops that we have and the nozzles that we have in
our plan design as far as low pressure and drops. The
other things that we didn't get into such as 200 feet,
A 16:16,17 25:7 28:14 agree 15:3 44:12 50:2 57:8 59:23 83:20 86:6
-- ability 53:15 66:21 67:5 38:24 39:16 48:6 56:3 82:24 89:16 87:13
68:16 74:22 79:20 56:16,18 63:1 65:12 agreement 90:14 answer 6:1 48:19,21
able 7:19 11:17 43:7 71:10 77:14 88:12 agrees 68:14 50:16,17 51:3 52:3
— 55:15 73:24 92:10 addressed 4:6 16:8 agricultural 1:5,19 9:24 answering 49:21
above 45:2,4 53:3 adds 22:24,25 33:8 40:14 58:20 68:14 answers 54:22
absence 44:2 adequate 59:8 agronomics 85:25 anti 31:12
— absolutely 5:5 adjacent 1:7,22,25 2:2,4 agronomist 9:18 42:18 anti-bacterial 31:13
absorb 32:1 41:2 43:7 3:8,19,23 4:13 24:18 43:20 anybody 78:19 81:3
67:25 2624 27:18 34:24 41:20 ahead 43:16 44:15,16 88:10 91:14
absorbing 4:14 46:21 42:7,10 44:18 45:5,7 46:15 50:11 apologize 47:3 53:6
absorbs 67:12 58:6 66:7 69:19,24 70:5 ahs 31:16 appealing 43:22
acceptability 67:15 70:14 85:12 87:14 aids 19:25 appear 31:21 35:4
access 2:23 13:5 24:4,5,6 adjustment 81:13,15 air 16:9,11 28:6,8 32:18 appears 4:18 9:2 15:5
-- 28:7 42:20 47:25 Administration 69:10 32:19 33:9 37:10,11,16 applicant 5:15 6:22 9:6,8
accessory 1:4 71:2 40:8,11,15,19 41:7 42:4 9:11 10:22 92:1
accomplish 61:2 admit 24:6 50:14 66:17 67:5,6,13 applicants 9:3 92:7
according 31:15 67:21 adopt 69:9 67:25 76:25 84:11,22 applicated 90:4
68:20 71:1,8,12 72:1 advantage 12:19 airborne 4:15 16:5 38:16 application 6:7,14 7:2,16
account 81:16 advisor 43:21 65:19 67:13 68:1 82:23 9:2 10:4,11 11:5 13:18
accountable 74:21 aerated 61:18 airport 2:1 3:8 4:8 12:21 15:2 17:6 18:20 19:1,6
accounted 83:4 aerating 82:16 12:23,25 13:9 19:20 20:17,22 22:18
accumulation 20:7 67:19 aeration 60:5,25 61:2,4,6 Al 68:3,14 23:15 30:1 41:24 49:6
accurate 52:23 61:8,9,13,15 65:19,20 Alaska 29:14 49:18 55:4,5,22 56:2
'— achieve 82:15 82:25 83:1,1 albeit 21:17 83:3 84:4 58:4,25 62:25 66:9 78:5
acknowledged 46:22 aerators 61:18 allow 10:18 81:17 85:17,21
acquainted 64:18 aerosol 35:11 39:11,13 allowed 17:2 30:9 53:21 applications 19:19 20:25
acre 10:23 74:18 60:11 85:22 applied 1:16 17:3 19:7
acreage 77:19 aerosolization 39:11 allows 69:4 27:5 53:14
acres 11:4 20:22 64:15 41:16 51:11 82:11,25 almost 47:21 76:7 77:3 apply 19:4 49:2 69:18
across 24:7 83:1,3 alone 77:24 83:23 85:22,23
—
activates 32:10 aerosolizing 82:20 already 13:25 18:8 43:18 applying 50:23
activities 60:22 aerosols 34:11,15,20 52:9 89:20 approach 71:18
activity 85:15 60:12,18 alternative 92:8 approached 87:1
acts 8:21 30:11 affect 4:15 15:21 20:15 although 47:9,24 appropriate 6:23 27:23
actual 12:8 47:14 32:4 42:3 50:14 65:3 amend 15:18 32:23 49:1
actually 2:12 10:22 12:10 66:24 67:13,15 91:8 amended 81:1 approval 4:7 5:11 56:7
— 13:18,22,23 17:7 18:10 affected 31:25 45:11 66:6 amendment 10:11 88:9 90:13,22 91:2,3
33:11,17 34:1 35:6 81:17 among 86:21 approve 57:14
36:10 37:2 39:13 43:2 affecting 64:20 amount 13:12 19:17 approved 7:23 8:18
44:11 46:24 51:5 54:5 affects 32:13 32:19 36:8 37:25 42:20 63:21,21 74:20
—
57:5,11,18 58:23,25 afraid 46:1 54:15,15 55:14 62:14 approximately 11:20
61:5,10 74:21,22 83:14 afternoon 1:14 6:5 9:13 85:14 89:8 90:2 12:18 19:12 21:3,3
84:13 90:11 16:20 analysis 23:20 26:9 46:25 44:21 55:5,17 59:7,14
— add 74:7 87:18 afterwards 34:2 45:13 69:11 67:17 74:17 75:13
added 21:14 Ag 1:6 16:21 25:12 27:14 Anchorage 29:13,14 Aragan 9:14
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- AGREN•BLANDO COURT REPORTING&VIDEO
DENVER(303)296-0017-BOULDER(303)443-0433•COLORADO SPRINGS(719)635-8328•GREELEY(970)356-3306
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2
AGREN•BLANDO COURT REPORTING&VIDEO
DENVER(303)296-0017•BOULDER(303)443-0433•COLORADO SPRINGS(719)635-8328•GREELEY(970)356-3306
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3
AGREN•BLANDO COURT REPORTING&VIDEO
DENVER(303)296-0017•BOULDER(303)443-0433•COLORADO SPRINGS(719)635-8328•GREELEY(970)356-3306
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4
AGREN•BLANDO COURT REPORTING&VIDEO -
DENVER(303)296-0017•BOULDER(303)443-0433•COLORADO SPRINGS(719)635-8328•GREELEY(970)356-3306
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—
-- AGREN•BLANDO COURT REPORTING&VIDEO
DENVER(303)296-0017•BOULDER(303)443-0433•COLORADO SPRINGS(719)635-8328•GREELEY(970)356-3306
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6
AGREN•BLANDO COURT REPORTING&VIDEO -
DENVER(303)296-0017•BOULDER(303)443-0433•COLORADO SPRINGS(719)635-8328•GREELEY(970)356-3306
52:17 56:9,12 63:6,10 hands 30:5 help 15:10,16 54:21 61:8 hundredweight 74:12
— 79:19,22 83:22 87:5,5 hang 6:4 66:17 72:21 84:24 74:13
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16:17 30:5,16 60:14,21 held 74:21 67:4 72:10,17 37:25 70:19
7
- AGREN•BLANDO COURT REPORTING&VIDEO
DENVER(303)296-0017•BOULDER(303)443-0433•COLORADO SPRINGS(719)635-8328•GREELEY(970)356-3306
increasing 4:12 14:2 interrelated 9:9 journal 40:18 46:13
incubated 32:23 intimately 70:9 judge 45:15 47:16 lauren 9:13,13 11:11,14 —
indicate 5:3 introduction 44:14 69:21 July 10:5 18:14
indicated 12:6 14:24 investing 6:12 justified 5:17 law 27:10
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88:20 Jones 68:3 laughter 29:1 43:24 46:4 89:3
8
AGREN•BLANDO COURT REPORTING&VIDEO -
DENVER(303)296-0017•BOULDER(303)443-0433•COLORADO SPRINGS(719)635-8328•GREELEY(970)356-3306
line 1:23 24:16 52:7 Longmont 9:14 16:21 many 7:20,21 17:15 micro 39:15 69:12
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—
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9
_ AGREN-BLANDO COURT REPORTING&VIDEO
DENVER(303)296-0017•BOULDER(303)443-0433•COLORADO SPRINGS(719)635-8328•GREELEY(970)356-3306
72:8 73:2,10 name 1:12,13 9:15 28:14 76:5,6 Ohio 10:1
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I0
AGREN•BLANDO COURT REPORTING&VIDEO -
DENVER(303)296-0017•BOULDER(303)443-0433•COLORADO SPRINGS(719)635-8328•GREELEY(970)356-3306
23:15 27:24 47:6 51:5 ozonation/UV 81:12 people 16:1 25:17 31:5 19:4,11,21 20:3 50:2,4
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-
11
AGREN•BLANDO COURT REPORTING&VIDEO
DENVER(303)296-0017•BOULDER(303)443-0433•COLORADO SPRINGS(719)635-8328•GREELEY(970)356-3306
70:9 71:20 problems 4:13 15:24 provide 16:10 31:14 36:1 62:6
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12
AGREN•BLANDO COURT REPORTING&VIDEO _.
DENVER(303)296-0017•BOULDER(303)443-0433•COLORADO SPRINGS(719)635-8328•GREELEY(970)356-3306
recorded 87:2,10,12 renting 79:6 reusing 50:13 samples 28:9 32:17 33:9
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13
AGREN•BLANDO COURT REPORTING&VIDEO
DENVER(303)296-0017•BOULDER(303)443-0433•COLORADO SPRINGS(719)635-8328•GREELEY(970)356-3306
self-contained 14:15 shows 3:25 soft 27:11 51:9,12 66:13 68:8 73:7
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AGREN•BLANDO COURT REPORTING&VIDEO -
DENVER(303)296-0017•BOULDER(303)443-0433•COLORADO SPRINGS(719)635-8328•GREELEY(970)356-3306
stick 49:15 support 4:22 25:15,17 ten 4:5 7:24 10:23 11:4 thrown 47:2
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AGREN•BLANDO COURT REPORTING&VIDEO
DENVER(303)296-0017•BOULDER(303)443-0433•COLORADO SPRINGS(719)635-8328•GREELEY(970)356-3306
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AGREN•BLANDO COURT REPORTING&VIDEO -
DENVER(303)296-0017•BOULDER(303)443-0433•COLORADO SPRINGS(719)635-8328•GREELEY(970)356-3306
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17
- AGREN•BLANDO COURT REPORTING&VIDEO
DENVER(303)296-0017•BOULDER(303)443-0433•COLORADO SPRINGS(719)635-8328•GREELEY(970)356-3306
PL1718
2004-0802
LTD Transcription Disk
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