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Home My WebLink About20033489.tiff RESOLUTION RE: ACTION OF BOARD AT PROBABLE CAUSE HEARING CONCERNING SPECIAL REVIEW PERMIT#1262 -JAMES DOCHEFF, JR., DIAMOND D DAIRY WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS,on the 30th day of June,2003,a Probable Cause Hearing was held before the Board to consider setting a Show Cause Hearing to determine whether or not James Docheff,Jr., Diamond D Dairy,4513 Weld County Road 32,Longmont,Colorado 80504,was in compliance with certain Conditions of Approval and Development Standards contained in Special Review Permit #1262 for an Agricultural Service Establishment for a Livestock Confinement Operation (dairy)and Animal Feeding Operation for 800 head of cattle in the A(Agricultural)Zone District,and WHEREAS,at said hearing on June 30,2003,the Board deemed it advisable to continue the matter to December 29,2003,to allow the site operator adequate time to complete the requirements of Weld County and Colorado Departments of Public Health and Environment, as cited in a staff memorandum dated June 30,2003,with an allowance for staff to bring the matter back before the Board at an earlier date if all issues have been satisfactorily completed, and WHEREAS,the alleged violations were said to be occurring on property described as part of the E1/2 of the SW 1/4 of Section 14, Township 3 North, Range 68 West of the 6th P.M., Weld County, Colorado, and WHEREAS, at said hearing on December 29, 2003, and after hearing testimony from the Department of Public Health and Environment, the Board finds that the facility has satisfactorily addressed the conditions thatwere required during the June 30,2003, Probable Cause Hearing,and deems it advisable to dismiss said Probable Cause. NOW,THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County,Colorado,that the Probable Cause regarding Use by Special Review Permit#1262 issued to James Docheff, Jr., Diamond D Dairy, be, and hereby is, dismissed. 2003-3489 PL1412 SET SHOW CAUSE - JAMES DOCHEFF, JR., DIAMOND D DAIRY PAGE 2 The above and foregoing Resolution was,on motion duly made and seconded,adopted by the following vote on the 29th day of December, A.D., 2003. BOARD OF COUNTY COMMISSIONERS �� WELD COUNTY, COLORADO ATTEST: fate# qti- EXCUSED o3.1 Da ' E. Lon Chair Weld County Clerk to th ��r y4*cw pU^U C� \ W A Ro ert D. asden, Pro-Tem Co BY: sor, -(Ul Deputy Clerk to the Board M. J. eile A O D AS TO M: (i � Willis . Jerke unty Attorn y (/tal l Glenn as sad Date of signature: 1)5/0Y • 2003-3489 PL1412 Le ric MEMORANDUM TO: BOARD OF COUNTY COMMISSIONERS kU FROM: CINDI ETCHEVERRY, ENVIRONMENTAL HEALTH SERVICES 'ill SUBJECT: USR-1262 -DIAMOND D DAIRY RECOMMENDATIONS O DATE: 12/29/2003 • CC: TREVOR JIRICEK, DIRECTOR, WCDPHE COLORADO CHRIS GATHMAN PLANNING SERVICES The Department of Public Health and Environment recommends that this probable cause hearing be vacated. Our recommendation is based upon the following: The facility has satisfactorily addressed the conditions that were required during the June 30, 2003 probable cause hearing. Those conditions were listed in a June 30, 2003 memo, and required that a newly constructed retention structure comply with the Confined Animal Feeding Operations Control Regulations (Regulation No. 81), that runoff was directed from corrals and compost areas into the retention structure, and that the Manure and Waste Water Management Plan be revised to reflect the changes made to the facility. Additionally, in consultation with the Colorado Department of Public Health and Environment, Water Quality Control, the facility has satisfactorily addressed all items in the May 22, 2003 compliance advisory. EXHIBIT NVFNCIRONNicNIAI.HEN:❑lSLRVICESVEIUiA 1229mwmmcndalion I a MEMORANDUM TO: CHRIS GATHMAN,PLANNING SERVICES FROM: CINDI ETCHEVERRY,ENV HEALTH SERVICES SIJB.JECT:DIAMOND D DAIRY, INSPECTION OBSERVATIONS ■ O DATE: 6/30/2003 • CC: TREVOR JIRICEK,DIRECTOR, ENV.HEALTH COLORADO MONICA MIKA DANIELS,DIREC l OR,PLANNING LEE MORRISON, WELD COUNTY ATTORNEYS OFFICE RON JEPSON, CDPHE,WATER QUALITY CONTROL The Department of Public Health and Environment conducted an inspection of the Diamond D Dairy on June 27,2003. On this date the following was observed: 1. A new retention structure has been constructed, and is in use. 2. A diversion ditch was constructed at the northeast side of the retention structure. This ditch appears to direct wastewater coming from the milking barn into the retention structure. 3. An electric fence was installed on the south side of the dairy. 4. The compost area has improved significantly. Windrows were turned and the ground in-between the windrows was graded to prevent ponding. Additionally, during the inspection, Mr. Docheff stated that he is planning to install a sprinkler on the north field. This would eliminate the need for tailwater catch structures. AgPro responded to Ron Jepson's May 22, 2003 compliance advisory in a letter dated June 12, 2003 (see attached). According to that letter, the seepage rate has been tested on the new retention structure and they are waiting for the results. I emailed Ron Jepson to see if the June 12, 2003 letter satisfactorily addressed the items listed in his May 22, 2003 compliance advisory. He has replied, stating that not all of the items in his compliance advisory have been satisfactorily addressed. We recommend that this probable cause hearing be continued to allow time for the following items to be completed: 1. Provide evidence that the newly constructed retention structure complies with the Confined Animal Feeding Operations Control Regulations(Regulation No. 81). 2. Construct a diversion ditch to direct runoff from the corral into the retention structure, in accordance with the facilities Manure and Wastewater Management Plan(MWWMP). 3. Revise the MWWMP and facility map,to reflect the changes made to the facility. 4. Satisfactorily address all items in the May 22,2003 compliance advisory. Attachments: June 27,2003 photos. June 12,2003 letter from AgPro. o:\6rcMGAFO,DSo ne o DSyWCB271„apecgaucie 06/27/2003 Compost area. • • !.4• y • .f •• W ; r ^,sly f t ri � f „;-x+ 1 a 4.r T r _ �"k✓'"• f i ,.r� rr- " o ,1' • I n ,r - ! (g ; . • V ;aftsTw'y t,y . et f �• .} 1, Existing retention structure and milking barn. xc a l �_� Newly constructed berm at northeastern portion of lagoon directing runoff into retention structure. a111 'i,.___ ( r-► TM�» 1k I L It �f[ 1 if� 1 _.....um:-. ' k 13. �F , y ,vas' a�--, ,- _.„....,-,2;,-,-4 i "m—_, �Yi�y a Newly constructed berm directing runoff from milking bam into retention structure � i. : m - gyp &x . ti 1:.t,..,..'1 w_0.' �" Crt`� 1:: � r IrY y.Yi' Tr-=,rt I I I _ .. j._ I. Z aY rvYw s y 7 -s, c . �s yy a, yas 1 ii, 3 _ ' k �,iT' r • C:'. p'. ,` _. r ▪ ' ma n p ,,;�- J A- s..; 'ffj ille4 ,,t,• -- »-a-`f7,-,,--1L-7-7:. # ▪ y At.-- "Y-- „star -Y4' r` 3r ,_A� ��.r- ,v, ray _ Northwestern portion of newly constructed retention structure. 1 • s.. Northeastern portion of newly constructed retention structure. ??1:7e.'14-0e41- .. - rmm T__i a.` ++_� - h a- R �- ice- .. O:\ETCHCAFOiDiamond D Deirf030627insp photos doc Cindi Etchever - Re: I'rn back Page' From: "Ron Jepson" <ron.jepson@state.co.us> To: <CETCHEVE@co.weld.co.us> Date: 6/26/03 8:31AM Subject: Re: I'm back Hi - Not all of the items were addressed satisfactorily. No direct response was provided for#1. No response was provided for#3 (direct discharge). It does not appear that a satisfacory answer was provided for#2; it is unclear if the fence is located properly, it is clear that runoff from the dry lot will still run directly into the seep. With a pivot, a tail water pond is not needed. They cannot apply to saturated soils. best wishes Cindy. Ron Jepson AFC) Program Group Leader Water Quality Control Division Colo. Dept. Public Health & Environment 4300 Cherry Creek Dr. S Denver, CO 80246-1530 ph_ 303-692-3520 fax: 303-782-0390 e-mail: ron.jepson@state.co.us 4311 Highway 66, Suite 4 • 0504 RECEIVED Longmont,Office (970)co 69318 535-9318 • Fax: (970) 535-9854 pillJUN 1 2 ZOO3 June 12,2003 Ron Jepson Water Quality Control Division 4300 Cherry Creek Dr. S. Denver, CO 80246-1530 RE: Diamond-D Dairy, certified mall number: 7001 1140 0003 9650 7079, Dear Mr. Jepson: Your May 22 letter referenced above stated that Diamond-D Dairy was to provide the department with information demonstrating remediation of problems addressed in the letter. This letter addresses those issues. An electric fence was installed on May 19,2003 on the south side of the milking barn to address the problem of cattle having access to the seep on the south side of the dairy barn(photo 1 and 2). In addition,.a berm exists on the northeast side of the pond to stop runoff water from making it to the seep area.(photo 3). A newpond has been constructed on the north side of the dairy. The new pond will hold effluent pumped from the main pond. Tests are currently being done on the liner to ensure it complies with the Confined Animal Feeding Operations Control Regulations number 81 and the pond should be ready for use,pending liner results,by the end of July. Wastewater can be applied using a new counter pivot system installed to irrigate the hay field. The facility is on a monthly inspection program provided by AgPro Environmental Services. Pond and runoff diversion berms will be inspected monthly for operation,needed management and damage, and the volume will be monitored. The facility owner will be notified when the pond requires dewatering. The pond is dewatered by Pll)driven pump. We believe by increasing storage capacity,having land adjacent the dairy for application,and fence cattle out of waters of the state,Diamond-D Dairy has a plan for correction and is compliance with Regulation number 81. If you have any comments,please contact us at the number above. Sin 1 om Haren Environmental Consultant Pc: Cindi Etcheverry,Weld County Environmental Health Services Tom Schaffer,District Engineer,CDPHE-WQCD Susan Nachtrieb,CDPHE-WQCD T 4 S* ;Ti 9 6r. Dave Akers, CDPHE-WQCD Jim Docheff, Jr.,Diamond-D Dairy owner Trevor Jiricek,Weld County Dept of Public Health Enclosure Photo 1 -I NAr Mt rS y I tY 1..t 3 -art�:s.{, ,t s w ,s,_ -t 1. y ry y w 14, i �',,.� `'�` Y44F "dY2M 4321 ;s < ti1,4,34"1 ..•••••'',..A''''-f.•••2-'•,$1{-•":1'-"2-1:" '17 C '6'' `ir%.%K.9'1.41 :1)?. 6V''''' '' 14401x0 d a' rl �x 1 lT!il'�,�jm�w sl7q w �Aj�pH 3 4f•H5 y wl ti FK .ta �y Sx 1 f{• J'� C '�--be •>"( s�i y 4t rv• .,,r •..W»"S-} c� z 'A w fA al'r Y lax -t. r- k . r fli 1 •t ks"1-'121'P ley. 9 r Wi'' t � x 1' 1J1 7 - . 7 r F rt N1 41 Y x9 - at{'7 Y{ ;' >" 4 } °4 ( • d 1 r f ! eY t Il 1 Vti� 1 �� 4 I� i 'n -1H-'-'‘-‘1!..' N F'7f 1 Photo 2 u 1 tat '4`gfr"`' f- ac* •r T �u1 '.;err' :" - .z- A4,-- .s,Y' i Photo 3 k _ Krrcy , - ( � --^9�YFr' Rc',r^. �r FY o r --r: T rr s. a r y t ._9 v J* r -, Y 4'75 - tel r a lx _ Ssi R1 9 ed `f f r* �d4�e1, :' yr'9' In 9v+�.`"" '>u i air ��C y� y� Y`"fg r Y 4 �'5Tfi r f f . .>'Yr, R T;f- r>c Y, „j 'i';, 4, P. - .{^ rt1l Yr t4 rt�JF , .-r. 1 y 4 �Jt, 1 : l 1� _ S a Jrt' p 5 y' r }"� 'xme v ix t rr ' - J s� rrrrgo -' i �. t i. u' t `�-trid -ti iy3 .^�h sr :.,^ t"" 1°,43 �'2.. t' T Mir �e�. afifair F 5. 1"1,a �'�wyn4, _1.� *-I IfJ S { -x- 'i1{ :;:; ry�� ' sd •tv. rs� i 4 isi"� �r a u't�+. :". r W 4 L i 7 _k .g.{T'5Ri�r,[i +._:-cat', a R 3 ' w- G i r s, -i -'rkk,,, gGkt' die iv6>�trA :a A .4:A �r Y I t +I -r '. .L �YY I' S 'y A �1 �i .,,� �V j s▪ r y - yi -I , ' err N " i *t t r1:Ye �" ▪ N- 1W l w.+s., .. . tG a .G r1 i4T, ` %: a � 'Eax ti y s^'r ,..F �S ~ ' "'.i"a'a sr=nAi .i . . r_ �j ' s 4 5 .^' T3... .F:`i ^'::1., ar-s]t'.�`y f� o'':`". - '+'1;: .-a 1.. x 1.sa3i. ='•r e 6 ;st,\.\\IDDEPARTMENT OF PLANNING SERVICES Code Compliance Division O WWW.CO.WELD.CO.US E-mail Address: cgathman@co.weld.co.us COLORADO 1555 N. 17th Avenue, Greeley, CO 80631 Phone(970)353-6100 Fax(970) 304-6498 June 27, 2003 James DocheffJr. 4513 Weld County Road 32 Longmont,CO 80504 Subject: USR-1262,E1/2 of the SW1/4 of Section 14,T3N, R68W of the 6th P.M.,Weld County, Colorado Dear Mr. Docheff, Notice is hereby given that on Monday,June 30,2003,at 9:00 a.m.,or as soon thereafter as the agenda of the Board of County Commissioners permits, the Board of County Commissioners of Weld County will hold a Probable Cause public hearing pursuant to Chapter 23, Article 11(2),Division 4, Section 23-2-270 of the Weld County Code. This meeting will take place in the Commissioner's Hearing Room, Weld County Centennial Center, 915 10th Street, Greeley, Colorado. The purpose of this public hearing will be to review case number USR-1262 for compliance with the Development Standards as approved by the Board of County Commissioners on May 24,2000 to determine if probable cause exists to hold a hearing of revocation of USR-1262. Inspection by representatives of the Department of Public Health and Environment have determined that you are not in compliance with the following Development Standards: Standard 4 All liquid and solid waste shall be stored and removed for final disposal in a manner that protects against surface and groundwater contamination. Standard 6 The facility shall maintain compliance with the CAFO Regulations and Section 47 of the Weld County Code. Standard 10 The facility shall not discharge run-off or other wastewater to surface or groundwater with exception to what is allowed by CAFO Regulations. Standard 19 The facility shall be operated in accordance with the approved Manure and Wastewater Management Plan. Standard 28 The property owner or operator shall be responsib'e for complying with all of ne foregoing standards. Noncomph tree witl` any of the foregoing Development Standards maybe reason Jr revocation ;f the permit by the Beard of Cc.mty Commis If it is determined at the public hearing that there is probable cause that you are not in compliance with USR-1262, the Board of County Commissioners will schedule a Slow Cause public hearing to consider revocation of the Use by Special Review permit. . Any information you have that may help to resolve this matter will be helpful. Should you have any questions regarding this letter, or if you need any further information, please feel free to contact me at the above address, telephone number or e-mail address. If you wish to see me personally,please call to schedule an appointment so that I may reserve a sufficient amount of time with you. Sincerely, ljill0 Chris Gathman Planner II-AICP pc: USR-1262 Cindi Etcheverry,Environmental Health Services Trevor Jiriceck,Director,Environmental Health Services Board of County Commissioners Bruce Barker,County Attorney SENSE': CSMPL ETE THIS SECTION COh1PLE 1E THIS SFCPON ON •ELIVERY • Complete items 1,2,and 3.Also complete ignature item 4 if Restricted Delivery is desired. w O Agent • Print your name and address on the reverse O Add ssee so that we can return the card to you. • • Attach this card to the back of the mailpiece, 3 rRecei ed by ^ ame) C Dater of D= or on the front if space permits, .-..� t? 1. Article Addressed to: D. Is delivery address different from item 1? • Yes J C If YES,enter delivery address below: O No 1rt'v4_S 11/ ) 14513 covv.�y � 32. Loy\5frvov.-k-- CO. 8Z)5:3y 3. Service Type Si Certified Mail O Express Mail ❑ Registered O Return Receipt for Merchandise ❑ Insured Mail O C.O.D. 4. Restricted Delivery?(Extra Fee) O Yes 2. Article Number //�y.y�yy (Transfer from service label) 7CX15 0520 coZ 5 f]'1 os .53Z(O PS Form 3811,August 2001 Domestic Return Receipt 102595-02-M-1540 0 DEPARTMENT OF PLANNING SERVICES Code Compliance Division 1555 N. 17th Avenue,Greeley,CO 80631 Phone: (970)353-6100, Ext. 3540 WI I DC. Fax: (970) 304-6498 COLORADO CASE SUMMARY CASE NUMBER: USR-1262 NAME: James Docheff Jr, MAILING ADDRESS: 4513 Weld County Road 32, Longmont, CO 80504 LEGAL DESCRIPTION: Part of the E2SW4 of Section 14, T3N, R68W of the 6th P.M., Weld County, Colorado TOTAL ACREAGE: +/-25 Acres May 24, 2000 USR-1262 approved by the Board of County Commissioners March 12, 2002 wastewater observed to be flowing over the top of the southern and northeastern portions of the retention structure into a natural drainage/wetlands area that flows into Lake Thomas. March 19, 2002 Wastewater observed flowing over the top of the southern and northeastern portions of the retention structure into a natural drainage/wetlands area that flows into Lake Thomas. March 26, 2002 As a result of the discharges by the Weld County Code, the facility was advised to respond with a plan of correction for violations, and approval for the Comprehensive Manure and Waste Water Management Plan was withheld pending resolution of the violation. April 4, 2002 Plan of correction and timeline to correct violation provided to the Department of Health & Environment. April 24, 2002 Erin Pease, Colorado Department of Public Health & Environment, Water Quality Control Division, conducted a site inspection. 2003-1709 Case Summary Continued June 30, 2003 Page 2 May 20, 2002 Ron Jepson of the Colorado Department of Public Health & Environment issued a Compliance Advisory for failure to utilize Best Management Practices as required by Regulation 81. Runoff from compost area and wastewater can flow into"waters of the state". July 18, 2002 Ron Jepson notified (via letter) berm was constructed to prevent run-off from compost area. Retention structure banks built up. Retention pond will be monitored for times to dewater. A pump to dewater was purchased. September 3, 2002 Comprehensive Manure and Wastewater Management Plan and Nuisance Control Plan approved by Weld County Department of Public Health & Environment. April 25, 2003 Complaint received, photos provided of discharges and mortality composting. April 25, 2003 Complaint investigation by Ron Jepson, Colorado Department of Public Health & Environment April 29, 2003 Facility inspection conducted by Weld County Department of Public Health & Environment May 10, 2003 Complaint received - photos provided of discharge at northeast portion of retention structure May 12, 2003 Complaint Investigation by Weld County Department of Public Health & Environment-observed low-lying area at northeastern portion of retention structure, where discharge occurred. May 13, 2003 Complaint received -flies &cow composting. May 14, 2003 Complaint received -flies. May 22, 2003 May 22, 2003 compliance advisory letter from Ron Jepson, Colorado Department of Public Health & Environment. Standard 4 All liquid and solid waste shall be stored and removed for final disposal in a manner that protects against surface and groundwater contamination. Standard 6 The facility shall maintain compliance with the CAFO Regulations and Section 47 of the Weld County Code. Standard 10 The facility shall not discharge run-off or other wastewater to surface or groundwater with exception to what is allowed by CAFO Regulations. Case Summary Continued June 30, 2003 Page 3 Standard 19 The facility shall be operated in accordance with the approved Manure and Wastewater Management Plan. Standard 28 The property owner or operator shall be responsible for complying with all of the foregoing standards. Noncompliance with any of the foregoing Development Standards may be reason for revocation of the permit by the Board of County Commissioners. The Department of Planning Services and Public Health & Environment submit that adequate evidence has been presented to schedule a Show Cause Hearing to consider revocation of the Use by Special Review permit (USR-1262). !+,Ju li r ilia DIAMOND D DAIRY USR # 1262 - SITE PLAN ) 7MC1.fll.4., { i Kr•Yfisr•f.p iII 1 I N , f -,—_y Rap w „r< LAND ktPL CAPCIii AREA In. ,.- .t '�'"s _' A?r1FiOKIIAF.Li 45 Acres ! iiw`rr,x.4r�,`w7't a l,Oa,fd naw � ' q MAY WO i ..,�, i I I N 1 cxr:.ur a i -- -- - i�� G.-� .5i' dXimam l 11 i ris sn:.�+�y >' V J�' t.— -..i.i.- ' "'"' ii C=2 alICOIC 41 lei L • • Al. ••f,i J r` I . 1 Filt- v . 1. mi.i .1,... ,,....... , vi ip , ,. c_i_j_i......,41.. i 4 1r•„I,.M nrlw .- -... �•}- :+.1.` '�..i-il - w>e rai H!I II. 1 •L r `. _ ��yti_ y.. r u 1 11 If i • -ray.` •L_ lat sergar>;1�i `.._--, h r " ... 1 '�,. 1 _ _ -.-:.- i Y art , > s ,n.,.. --.71,I ea,was alr,: .. ..q sus awnnraa 04/11:wall q lai,lll ks► I .• .L... ..4..!—....- -- . _ .—:_ _ a. •11.•--.-�—...:t i I Moe i1.'*No ♦-.._-__.. __. - _.__--.'_. x .�w._� •w ' _' •- ..•:.' .a-,....4:.a;, -ti-'s-..&!!.si 4. *..!" _ __ .s RR IMAM MN :537.86• SS-101ST ---__-....._.._......------• •».._..-_-_..•• .r;"- _ a,.:= —mow-----:,_ --•'R-, r N. �'�-• grad rir.�A rarer ?G6.�' 2r.JIVE ,m w nix r ' ..,, • '._. .... if • D .. 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T C•:e...ea- l.cec.w4i (wfae9evq w. 4,-- axe.+nos 4.,". ,r..v:alwn a Ina I e\� 1 •�,�'Y_._tutu —''.. _ rt( ' eeM Ueoi�d cant'too' r� `, t at`L��'r cr 1 I. x •N'`•'. 1.7` - i 2r. 0. i j ________ •.�_— 1 �C�. { 1 •3 \• , t i �-----y PUIUdt,lo COIJICSr PI:exroclnca .7'/ % i. / I ` 1.....,•''' • • o:s it is Ctrl.'Mot Ire Yield'aasfy+fordno Cef nis.ian has certified end Oars l,xa.S.cofnmx.i j` I , i to toe&ara o Came ramtia•.:.ere-far_ its .00*0 f00 copra and adoption of Mil Silo.Spec J _.\ HIGHWAY,66 r/ De.Nup.+ed Pain an^LS1 by pn.�ta�f P 00 sl.o.n cm!O•scrraed]Mean this—_�__,.dor d . .0.-•-• .. Cam y PMen,•./Comhf.s,iell t e --_--'--._...___• VICINITY MAP _ bLWlfi-GF weer CO.M1f15SAAiilS CENVICILDOPI -----�-- Na ee 10 cast*alum Use flood at f•-•104)?commilc000:r-. *CS evenly.Colxak. does 0.r.Dy confirm SP/LS M1"lest 1001 Side S.le:dw-D..r=p3em Pisa urd(,f9 ty rp.cisl 4wre. roam Sands* flJ 20:ream asap-ad r.e•.oe.pAs.4.1"Allt day al_...S•04,••••(•.•_. 4: Aquolls cfc Aquepts, 82: Wiley-Colby complex, 1-3% slopes me' J7- fe:JrAie }�� j flooded, Vlte Ile irrigated, lVe nonirdgated ,dfr '' 'eV NI*Mond _ li ca.,: • -"�7«e`-• 33. Kim loom, 3-5% slopes 83: Wiley-Colby complex, 3-5% slopes --T lire irrigated. fse nonirrigoted file irrigated, IVe nonirrigoted ....1111 S91 4 RIY crafbirs.xxlr+rlikois . 79.- Weld loam, 1-3.fr slopes i MI arders:gncd major=lacy o.Mre!)do henll'00/0.to IM S/t. 5p.a.fie 11..natr.enl Ffan and Ida et'Sp.oio Feriae Gewksliwal 51'rnddrds her.. aescnOn]hereon Mrs Ot0-,u! fie irrigated, lllc nonirrigoted .___ t I v 1 4 I— - I _fi i 7 r A kr. MEMORANDUM 0 TO: CHRIS GATHMAN, WELD CO DEPT PLANNING SERVICES FROM: CINDI ETCHEVERRY, ENV HEALTH SERVICES ` �� ' SUBJECT:USR-1262, DIAMOND D DAIRY, JAMES DOCHEFF C DATE: 05/27/2003 • CC: TREVOR JIRICEK, DIRECTOR,ENV. HEALTH SERVICES COLORADO SARA EVANS, ENV HEALTH SERVICES LEE MORRISON,WELD COUNTY ATTORNEYS OFFICE The Weld County Department of Public Health and Environment has received several complaints concerning Diamond D Dairy. The complaints alleged that the facility discharged from the lagoons, that they are improperly composting dead cows, and that flies are becoming a problem. The dairy is located one-quarter mile east of Interstate 25 on Weld County Road 32,having the legal description of EV2 of the SW1/4 of Section 14,Township 3 North, Ranges 68 West of the 6th P.M., in Weld County, Colorado. Summary of Findings: In response to a compliant received May 10, 2003, an investigation was conducted on May 12, 2003. The investigation showed the southern bank of the retention structure had been built up with soil to prevent flow over the top. However, the top of the northeast corner of the retention structure was observed to be low and the level of wastewater was near the top of the structure. • Attached photos taken May 10, 2003. Wastewater appears to be flowing over the top of the northeastern corner of the retention structure. In response to a complaint received April 25, 2003, an investigation was conducted on April 25, 2003. The investigation showed a white irrigation pipe was intentionally placed over a cement-lined ditch. The opening of the pipe was placed directly above the ditch and residual wastewater was observed inside the pipe. It appeared the wastewater had been discharged into ditch. The ditch feeds freshwater into the Holt Reservoir, owned by Allan Carlson. The onsite retention structure was also observed. Wastewater had been flowing over the top of the southern side of the retention structure into a natural drainage/wetlands area that feeds into Lake Thomas. An additional inspection was conducted on April 29; we observed other areas where discharge had occurred in the past. In addition to the above discharge from the white pipe, as shown in the April 29 photos, we observed a small culvert that allows drainage from the corral near the entrance of the facility. The culvert drains into a natural drainage that feeds into Lake Thomas. The facility's Comprehensive Manure and Wastewater Management Plan(CMWWMP)plat shows a diversion ditch was proposed to be constructed in the corral to direct runoff into the retention structure. The diversion ditch has not been constructed. The facility also applies wastewater in a field north of the facility. This field backs up to the Holt Reservoir. Tailwater catch structures are not constructed at the end of the field to capture runoff during application of wastewater. The facility's CMWWMP proposes tailwater catch structures would be constructed. The retention structure also appeared to have discharged in two areas. Wastewater had flowed over the top of the southern and northeastern portions of the retention structure. As a corrective measure concerning the March 19, 2002 discharge, the volume of the retention structure is to be monitored for volume, and owner notified when the pond requires dewatering (July 18, 2002 letter from Tom Haren). Discharges also appear to occur from the milking barn, bypassing the retention structure. The CMWWMP shows that a berm was to be constructed to direct flow into the retention structure. Additionally, we have concerns with the compost area. During our inspection we observed dead cows and cow pieces exposed throughout the compost material. Dead cow remains were observed to have a significant amount of flies accompanying them. A significant amount of ponding was also observed in between the windrows. Mr. Docheff stated that because the retention structures had been full he had pumped effluent into the compost area in an attempt to prevent overflow of the retention structure. This is not described in facilities CMWWMP. Although we did not find flies or odor to be causing a nuisance condition at this time, we suggest that the facility review their current composting practices and nuisance abatement protocol to prevent any future nuisance conditions from occurring. Attached are photos dated April 24, 2003 and April 25, 2003 of wastewater flowing over the top of the retention structure, wastewater flowing from the white irrigation pipe into the cement-lined ditch, and mortality composting practices in the attachment. April 29, 2003 photos show the corral and pipe under the road allowing stormwater/wastewater to leave the facility, and mortality composting. Case Summary: May 22, 2003 letter from Ron Jepson—Compliance Advisory. Failure to comply with provisions of the Confined Animal Feeding Operations Control Regulation. Evidence exists that the dairy was directly discharging wastewater on April 29, 2003 into waters of the state through the PVC pipe, which is a manmade devise. This is a violation of Regulation No. 81 (5 CCR 1002-81) and violation of the Colorado Water Quality Control Act (CWQA). In accordance with the CWQA, the facility should be considered a CAFO under subsection 81.2(4)(b) or (c) of the regulation, or Part 25-8-501 of the CWQC Act. In addition, a bare ground portion of the dairy located adjacent to seep and seep water coming into direct contact with dairy animals constitutes violations of Regulation No.81 (5 CCR 1002-81). May 14, 2003 complaint received—Complainant wants to know what they can do to keep the flies from getting worse. May 13, 2003 complaint received — Flies are getting bad and think it is caused from the composting of dead cows. May 12, 2003 complaint investigation — Observed low-lying area at northeastern portion of retention structure, where discharge occurred. May 10, 2003 complaint received — Photos provided of discharge at northeast portion of retention structure. April 29, 2003 conducted facility inspection—Observed south side of retention structure where discharge occurred. 2 April 25, 2003 complaint investigation — Observed pipe over ditch and southern portion of retention structure where discharge occurred. April 25, 2003 complaint received — Photos provided of the above-described discharges and mortality composting. September 3, 2002 letters- CMWWMP and Nuisance Control Plan were approved. July 18, 2002 letter — From Tom Haren of AgPro Environmental Services, LLC, notified Ron Jepson, berm was constructed to prevent run-off from compost area. Retention structure banks built up. Retention pond will be monitored for times to dewater. A pump to dewater was purchased. May 20, 2002 letter—From Ron Jepson of CDPHE, issued a Compliance Advisory for failure to utilize Best Management Practices as required by Regulation 81. Runoff from compost area and wastewater can flow over retention structure into"waters of the state". April 24,2002, Erin Pease,of the Colorado Department of Public Health and Environment,Water Quality Control Division, conducted a site inspection. April 4, 2002 letter — From Tom Haren, provided a plan of correction and timeline to resolve the violation. Work on retention structure was completed March 29, 2002. Facility has purchased a pump to dewater retention structure. March 26, 2002 letter — From Cindi Etcheverry of Environmental Health Services, as a result of discharges, and required by the Weld County code, the facility was advised to respond with a plan of correction for the violations, and approval of the submitted Comprehensive Manure and Waste Water Management Plan(CMWWMP) was withheld pending resolution of the violation. March 19, 2002 photo - Wastewater observed flowing over the top of the southern and northeastern portions of the retention structure into a natural drainage/wetlands area that flows into Lake Thomas. March 15, 2002 letter—From Tom Haren,provided an updated CMWWMP. March 12, 2002, wastewater was observed to be flowing over the top of the southern and northeastern portions of the retention structure into a natural drainage/wetlands area that flows into Lake Thomas. February 22, 2002 letter — From Erin Pease of CDPHE, provides comments concerning deficiencies in CMWWMP. Comments can be read in attached letter. November 13, 2001 letter—From Cindi Etcheverry, current CMWWMP is not complete. Comments can be read in attached letter. Currently,it appears the facility is in violation of the following Development Standards: 4. All liquid and solid waste shall be stored and removed for final disposal in a manner that protects against surface and groundwater contamination. • Wastewater applied by flood irrigation, on fields that do not contain tailwater catchment basins. • Wastewater applied in compost area to collect into constructed retention areas. 3 6. The facility shall maintain compliance with the CAFO Regulations and Section 47 of the Weld County Code. • Runoff from three areas of the dairy not collected in the wastewater retention structure. • Intentional discharge from white irrigation pipe into cement lined ditch. 10. The facility shall not discharge run-off or other wastewater to surface or groundwater with exception to what is allowed by the CAFO Regulations. • Runoff from several areas on the facility is not collected in the wastewater retention structure,but flows into "waters of the state". • Failure to decrease wastewater discharges to watercourses by allowing wastewater to overflow the retention structure. 17. The facility shall be operated in accordance with the approved Manure and Wastewater Management Plan. • The proposed diversion ditch to be constructed in the corral to direct runoff into the retention structure was not constructed. • Tailwater catch structures were not constructed as proposed. • The berm to be constructed to direct flow into the retention structure was not constructed. • Pumping effluent into the compost area in an attempt to prevent overflow of the retention structure is not described. 28. The property owner or operator shall be responsible for complying with all of the foregoing Development Standards. Noncompliance with any of the foregoing Development Standards may be reason for revocation of the Permit by the Board of County Commissioners. We believe that this is sufficient evidence to proceed with a probable cause/show cause hearing at this time. Thank you for reviewing the information I have provided. If you have any questions, please do not hesitate to contact me at extension 2220. 4 May 10,2003 discharge from retention structure .. € - ate... . r - tdfl•' x••'.+L. sue._. .� _ �' •y ' ;•i. y►•�T.'�► _ �� •�RT�yyr Y am° '+ • �^'� 4...'s7 •.,•••••�F• J w�++rl�arm a.r '"' V� „• ... •'ii ;7 !' ^� 1..r. ♦_ r •- ;•rte" ., r, :. MAC s +► ..T__� �► "+` :-:-.t!....,, `. .♦ t — . '""` +*:.. "i.'.. .. ,_ "n r • / K'4. . .. • .. . . , ., a, ... .. , _rs ....,. ,_ ..-:,,:.....,./,...,.r.t.,..4,„... •.• . •.' 2, . ii ,:pii•lit:.‘"-'. ... . .• —,.. .• — —... ...,,...12,—.•:"..A1 .... .'.., ; ....47.000,g.:.214•IL.',2•.• te., ;�•: �~.. .=' k.Na... ....... ape,., .-4d{., 'S lits!iffor e....,,,..;;,........ ... ....: ...,.....v....,......„.. s,„...... :. .....,..,...,,,,,I,:.,,,,,,,,=,...,•,. .It - '.�•EMI�''•. �, .�/r �• 'f — . ,�i w 0\L ICH'':CAFOt0iarnond U Uairyto30510discharge photos Ace April 24 and 25, 2003 photos. : � � � � � um , I I k ,1?,W \k"` � �` 7 AY'° Cam# Iry r,,eVy+�k*e .r, v. `o-' ,Te a trea� *I13.+t610S fX y��'a V.- 4.25.2003, 10AM • Wafl pond water discharged ft ,,/� into irrigation cch filling lake. < ,,..,/,>_,,,,; ;; JJ ;.4. i .. y It z� ,,` .. , . e y .. x tax ° ,'s. , ,' ,s.,, fit \\\ I , C".7'`' yy { April 25, 2003 photos. � 'I Dead Cows in Compost •ile. O. ♦ P } 1 '''$ y¢� `, ' Xp . ,.�� MiI'!.": �� "' F` 0.•d 414'..:4P--7 + •{• f wt °y: +�i!.�' •� ' t ir> A \., bead cows in compost pile. �, . _ _,...�.�._ , . ...... . H � e >• . a -c ti ��+sh . v x a'h,' i. . `� �� <_ .:»;: + s`-s'�',�**x ♦♦,•.s'. ' ads ;-••‘• F' ...X*-q '' ..wr + .."..,,�yy,;ST7ei-IL` •�v. ..riot,..,, 7 'Wr.>•t� ur. .. �°l ,�. M 1 ��'l'Rt *`. � � d.-"°auX,am,�•-s,*y'r,if ,f eYd,'":444.�•` 1,v.;.,7" t gia_ "%e Ems�.1 . :r. • '' .v,... .Y6PF+s+":•Tt�sA� 5 $' .y� }r"^.,� 9..`. � ., Y. . ." . r r De.; Cows in Compost pile ! ' r 4d -„ \ _ / • V • _. 2• .: .. .‘-'. c •.1' r: • •.a; ,y. �s1+'�tT1 � ,t`-'�ll'SSs'i .l .�5 �. ��. .n �1I.x: r y. . Dead Cows in Compost pile . - L ".;'.. A & -tt. ,..... :._ - ..u.._.: • mss,r.' -' \ , d. v=`^;4ebr y .rY 44'/" ,t. ,-/--)N ._ k .. .•• w; ' We a. ye< l`A'�x- tr ♦ +a--- 'oY''f� lrlj M,f'yYf.+s... •" ' lA�.v..y,; L'K°r:r...» / f.�Nr••47 t,:s y I g�f" 7 Mn t�t- . ' yp`Ci s'-C`2v4 1,1 ,( i•^C, . O:ETCH\CAFO\Dlamond 0 DairA030428dead cow photos.doc April 29, 2003, Complaint investigation photos Pipe under road to drain off stormwater/wastewater from corral. `i1; r'. 5 •a P .as^ iW' S 4 �..r .v*" .. C' s,)C•�- hr a S'w„s. 'Y_ +a. CS.:,.sn... Y%' — t .,`..k+rix � -e^€' aiwy...,w, ., 5,y .: mac. ..�' .c•- wu„'#„ .,, c .ate.-..- --ivcs .. - J G., �.• •.�. - - '. t . 9w, ;;;#00100181 • r 4 K ` ~ trt-AC7., _ - 1 - f. _ �x. tom* f 1� ,�•. + ,t` Residual stormwater/wastewater in corral that drains through pipe. e ms's - ^ r - Other side of pipe, wastewater stormwater draining into grassland, then into Lake Thomas. VT ra r • , • •! ., "Ins' 4r• .� t 1 •y.. • • aC e „ • - _ .,.Irk 7 \ 151••;•• l • .r_ t- •Iy yr . . l'z r._.. • — -,— c ' •r ' r Wastewater/stormwater flowing from feed area. Drains into corral. •!.% • f R• I ( • _ t 0:\ETCH\CAFO\Diamond D Dairy\030429 inspection photos doe Wastewater and process water collection tank. -e, iYr-v. ... .... ? .Y.ae.. .. w a ��.n . arwrf cation.' ....�£'4-...n.e lotto" _ .. __.. a r f if it , ., ,„A,.i r..-,..- F i ,gip. i• i-‘'. Pipe coming up next to wastewater/process water tank. Drains into corral. C \ T r • 1!f« - i F • • .•0:\ETCH\CAFO\Diamond D Deiry\030429 inspection photos doc Wastewater/process water collection tank appears to have overflowed? Drains into corral. _ ` ... • Vi,µ.. .. ... _w .. - .. ' €. 'aw{a G Wastewater/process water collection tank overflowed? Drains into corral. • f •' t ` • •r— �- . f r. •. 'P - - _ ` _ , f 0"\ETGH\CAFO\Oiemond 0 Dairy\030429 inspection photos.doc Erosion from stormwater/wastewater flowing in corral. Pipe drainage at upper riig*ht corner. h • .2*- fit � ?t3 k �:t.S ° -V .mow a rC 3 4 n'rx 9 ke t 6-1` $,.` �i ��rE-z aJ � .� . ..t • • • • • Upper portion of corral. vy r+ • -`—•-�'i-_'tea WI PT- -- - a .� O:\ETCH\CAFO\Diamond D Dairy\030429 inspection photos doc Pipe that was used to discharge into cement lined irrigation ditch. , ww`4 a ', 0;305-24,4 \}�� st `e'"� sq x xx= irc � ''41�f4 t�� 1. � 11.{ S� f • • Pipe now constructed over and past cement lined ditch. 1.1 • f ^ � l O:\ETCH\CAFO\Diamond D Dairy\030429 inspection photos.doc Composting area, drains into retention structure. Parts of dead cows and flies. r - . - r•-c _A -...: ,,;" "Tr. ‘ . '• r N.,9 ten.'^ ,..--.4 w, x `C 7 �:, :• Compost area, sondin_ of effluent pumped from retention structure and dead cow. Flies. , - \ ail R • _ f yr -.�� "" I c O .W.17., _ / \ A \ • ••• - .- /IC 4 .. -.• %' .e • . ! - t _ � `� r.t/•.r , f illOrteer, 0\ETCMCAFO\Diamond D Dairy\030429 inspection photos doc STATE OF COLORADO Bill Owens,Governor -- Douglas H. Benevento, Executive Director 4 of• Dcomp Dedicated to protecting and improving the health and environment of the people of Colorado y o 4300 Cherry Creek Dr.S. Laboratory Services Division G6. t I Denver,Colorado 80246-1530 8100 Lowry Blvd. �e'6 Phone(303)692-2000 Denver,Colorado 80230-6928 TDD Line(303)691-7700 (303)692-3090 ment Located in Glendale,Colorado RiC!;r'\ttD Colorado Pub Public c ea Hea llthth of http://www.cdphe.state.co.us and Environment rf Lj'1 lVIRQNRitjtldl HEA H SERVICES May 22, 2003 Jim Docheff Diamond D Dairy Certified Mail Number: 7001 1140 0003 9650 7079 4513 Weld County Road 32 (Return Receipt Requested) Longmont, CO 80504 RE: Compliance Advisory—Failure to Comply with Provisions of the Confined Animal Feeding Operations Control Regulation [Regulation No. 81 (5 CCR 1002-81)] Dear Mr. Docheff: The Water Quality Control Division ("the Division") was forwarded on April 25, 2003 a complaint about Diamond D Dairy ("the dairy") received by the Region 8 office of the Environmental Protection Agency. The complainant alleged that the dairy was currently pumping wastewater from its wastewater lagoon through a pipe to a concrete irrigation ditch, which releases water into a reservoir. The Division's May 20, 2002 Compliance Advisory that was sent to the dairy identified the dairy as an Animal Feeding Operation, with an average working capacity of 600 head. In response to the complaint, I arrived at the dairy at about 7:00 pm on April 25 to make an on-site visit for the purpose of determining the validity of the allegation and to visit with you about the allegation. I stopped first at the dairy's office, which was locked. I then went into the milking parlor and was informed by an employee that you were in your house. I rang the back doorbell of the house but no one answered the door. I then walked westward to the west end of the lagoon where one end of a 10- or 12- inch white, PVC pipe was observed. No pump was found at this end (the south end) of the pipe. I then followed the pipe northward to its north end at a concrete irrigation ditch (see Figure 1 for photo of pipeline going in a northwesterly and northerly direction to the irritation ditch). The end of the pipe was over the center of the irrigation ditch (see Figure 2). Other pieces of pipe were laying on the ground in the immediate vicinity. Freshwater was flowing easterly in the irrigation ditch. I followed this ditch easterly to a junction box, where the fresh water was being diverted northerly and into Holt reservoir not too far distant. I went H:\AFOs\Diamond D Dairy\Diamond D Dairy.Compl Adv.May 2003.doc I of 5 back to the dairy's office and left my business card in the office door, with a note written on the card relating that I was on-site and asking you to call. You left a voice mail message for me at 7:50 am on Monday, April 28, 2003. I called your cell phone at 2:50 pm on April 28 and spoke with you about the complaint. You informed that wastewater has not been pumped through the pipe since last fall, when it was pumped into a pasture on the north side of the concrete ditch. You also informed that you have never pumped into the concrete ditch as you do not own the reservoir. In addition, fresh water has been flowing in the ditch for about two weeks, so if wastewater had been recently pumped, a real mess would have resulted. Also,pipe extensions are on the ground at the north end of the existing pipe, which are used to attach to the north end of the pipe and carry wastewater over the ditch and into the pasture field. I related that wastewater cannot be discharged directly into the irrigation ditch via a pipe because the ditch is waters of the state. You indicated that you were aware of this fact. I also related to you that if wastewater is pumped by directly to the ditch through a manmade device such as a pipe, that the dairy, as an Animal Feeding Operation, is automatically a Concentrated Animal Feeding Operation ("CAFO") under the federal regulations, and can be designated a CAFO under the state regulations. In response to a voice mail message from me, you called at 3:10 pm and related that the pipe does not fully carry over the ditch as of about two weeks ago,when the pipe extensions were removed to work the field on the north side of the ditch. Direct discharge to waters of the state On April 29, 2003 the Division received a digital photo of wastewater from the dairy being discharged from the PVC pipe into the irrigation ditch at 10:00 a.m. on April 25, 2003 (see Figure 3). As stated above, the irrigation ditch is waters of the state. Therefore, evidence exists that the dairy was directly discharging wastewater on April 29, 2003 into waters of the state through the PVC pipe, which is a manmade device. Subsection 81.1 of the Confined Animal Feeding Operations Control Regulation [Regulation No. 81 (5 CCR 1002-81)] ("the regulation") states that: The purposes of the control regulation are: (1) ... (2) ... (3) to insure that animal feeding operations which do not meet any of the criteria which define concentrated animal feeding operations, nevertheless protect surface water, ground water and soil resources through proper application of"best management practices" based upon existing physical conditions and constraints at the facility site. Subsection 81.6(4) of the regulation states the following Best Management Practices ("BMPs") for wastewater: H:\AFOs\Diamond D Dairy\Diamond D Dairy.Compl Adv.May 2003.doc 2 of 5 (a) Operators of animal feeding operations shall collect and allow wastewater to evaporate. (b) Operators of animal feeding operations shall collect and evenly apply wastewater to land at proper agronomic rates. Part 25-8-501 of the Colorado Water Quality Control Act states that: No person shall discharge any pollutant into any state water from a point source without first having obtained a permit from the division for such discharge, and no person shall discharge into a ditch or man-made conveyance for the purpose of evading the requirement to obtain a permit under this article. The evidence of the dairy directly discharging wastewater from the PVC pipe to the irrigation ditch on April 25, 2003 constitutes a violation of Regulation No. 81 (5 CCR 1002-81), and a violation of the Colorado Water Quality Control Act. Evidence that the dairy should be a Concentrated Animal Feeding Operation As stated above, evidence exists that the dairy directly discharged wastewater on April 25, 2003 into a concrete irrigation ditch through a PVC pipe, which is a manmade device. On April 25,2003 water in the ditch flowed easterly, then northerly, into Holt Reservoir (Figure 4). Both the ditch and reservoir are waters of the state. In addition, a bare ground portion of the dairy is located adjacent to the seep that is located in the thaw to the south of the milking barn and lagoon. This ground is on a significant slope that drains to the seep. On May 2, 2003 I observed dairy animals on this portion (see Figure 5) and that these animals had direct access to the seep. Finally, the dairy was notified by the Division in the Compliance Advisory dated May 20, 2002 that the seep area is a wetland located within Segment 6 of the South Platte River Basin. Segment 6 is classified as "Class la Recreation" under Regulation No. 38 of the Water Quality Control Commission, entitled "Classifications and Numeric Standards South Platte River Basin, Laramie River Basin,Republican River Basin, Smoky Hill River Basin." Subsection 81.2(4) of the regulation states that: Concentrated Animal Feeding Operations meet one or more of the following criteria: (a) ... (b) Case-by-case designation under one of the following criteria: i. Pollutants are discharged into waters of the state through a manmade ditch,flushing system or other similar manmade device; or ... H:\AFOs\Diamond D Dairy\Diamond D Dairy.Compl Adv.May 2003.doc 3 of 5 it Pollutants are discharged directly into waters of the state which originate outside of the facility and pass over, across or through the facility or otherwise come into direct contact with the animals confined in the operation; or (c) The animal feeding operation is in a location which reasonably could be expected to adversely affect a hydrologically sensitive area. Part 25-8-501 of the Colorado Water Quality Control Act states that: No person shall discharge any pollutant into any state water from a point source without first having obtained a permit from the division for such discharge, and no person shall discharge into a ditch or man-made conveyance for the purpose of evading the requirement to obtain a permit under this article. The above evidence indicates that the dairy should be a CAFO under subsection 81.2(4)(b) or (c) of the regulation, or under Part 25-8-501 of the Colorado Water Quality Control Act. In addition, a bare ground portion of the dairy being located adjacent to the seep and seep water coming into direct contact with dairy animals constitutes violations of Regulation No. 81 (5 CCR 1002-81). Requirement to cease any unauthorized discharge of wastewater to waters of the state The dairy is hereby directed to cease any unauthorized discharge to waters of the state. Requirements to provide information to the Division Within 14 days of receipt of this Compliance Advisory, please submit the following information, in writing, to the Division: 1. Adjustments and an associated timeline that Diamond D Dairy will implement to cease any unauthorized discharges to waters of the state through a manmade ditch, flushing system or other similar manmade device. 2. Adjustments and an associated timeline that Diamond D Dairy will implement to cease pollutants from being discharged into waters of the state which originate outside of the facility and pass over, across or through the facility or otherwise come into direct contact with the animals confined in the dairy. 3. Information that Diamond D Dairy would like the Division to consider in response to the evidence that the dairy directly discharged wastewater from the PVC pipe into the irrigation ditch on April 25, 2003. 4. Information that Diamond D Dairy would like the Division to consider regarding evidence that the dairy should be a CAFO. HAAFOs\Diamond D Dairy\Diamond D Dairy.Compl Adv.May 2003.doc 4 of 5 5. An indication of how Diamond D Dairy will henceforth comply with the requirements of the Confined Animal Feeding Operations Control Regulation [Regulation No. 81 (5 CCR 1002-81)]. Your response to this Compliance Advisory should be submitted to the following person and address: Ron Jepson Animal Feeding Operation Program Water Quality Control Division Colorado Department of Public Health and Environment Mail Code: WQCD-P-B2 4300 Cherry Creek Drive South Denver, CO 80246-1530 Please be aware that you are responsible for complying with Regulation No. 81 (5 CCR 1002-81) and that there are substantial penalties for failing to do so. Section 25-8-608 of the Colorado Revised Statutes provides that any person who violates the control regulation may be subject to a penalty of up to $10,000 per day. The issuance of this Compliance Advisory does not limit or preclude the Division from pursuing its enforcement options concerning the above violations. The Division will evaluate the facts and responses associated with the above-described violations and if a formal enforcement action is deemed necessary, you may be issued a Notice of Violation/Cease and Desist Order that may include the assessment of penalties. In addition, you may be designated as a Concentrated Animal Feeding Operation and be required to submit a complete application for a discharge permit. If you have questions regarding this matter,please don't hesitate to contact me at(303) 692-3520, or by electronic mail at ron.iepson(&,state.co.us. state.co.us. Sincerely, Ron on Water Quality Control Division cc: Tom Haren,AgPro Environmental Services,LLC,4311 Hwy. 66,Suite 4,Longmont, CO 80504 Cindi Etcheverry,Weld County Environmental Health Services Carol Bowden,US EPA—(8ENF-T),999 18th Street,Suite 300,Denver, CO 80202 Brad Simons,District Engineer, CDPHE-WQCD(via email) Erin Pease,AFO Program,CDPHE-WQCD(via email) Susan Robinette,Permits Unit Manager,CDPHE-WQCD(via email) Dave Akers, Section Manager, CDPHE-WQCD(via email) Weld County file H:\AFOs\Diamond D Dairy\Diamond D Dairy.Compl Adv.May 2003.doc 5 of 5 � ts.', "'t tii ii r•�i�i, rgar,, �i„ 7 ,k ,. ,�.fj • � .I Ii (� a tJ'Ilti k�j,iii ,iii li Iy 17 ; 61' y'30101 ofa(t '; k t a t , r ib (iit stIhtts# 1[i E� i i (1; 3 �. 0 , ,I � 3.:4,``l i , r� " i l q jii i7.a i rlipiPji�j}i+.�"' .. ,it ill' 3., i (y..'. ' tr a , .,..max•+, iisky{ikii41!I� 1#Ni:1 ;kF;'s(;t! f,a#'j ,ry ii ki I s ,.. ;4:4% si4 a 1 i i1 aj j 1 i j � W( iP#i t arc ,,,.,,; is„i tkkil;Il �3 11111 4 1 qg to touNnx t,samt ri E�II Ili I �� .i F+r. x , ' Q #t7lr,ku~J ikI(i'. �� f • i{pr,�i@ minuntiamimmun • • • • Figure 1. Diamond D Dairy. Looking north at the white PVC pipe that runs from the west end of the dairy's wastewater pond to the concrete irrigation ditch at the north end of the dairy's production site. Photo taken by Ron Jepson,Water Quality Control Division,on April 25,2003. •" w i d ird i i iC '44iii i i ! !fi!il ICI 1 i 4ii.itsx i'w • Ri i ! ^#N • i r i !lfi!l41!' !fit ii, Wiiii,.444/4“=.(i i .4 • -,'. 7 -1.4;4 •"_ } 1'" ,Ih. • ,' x%4 U{d a i`133 c "'.. ...}*+ t*u ��^ "a*y�*'++ -i x w :`,4,-41,44i24 'E-r' := ... �F F. rM1 r i t ,}� ' lladiJti)Ii[i1' 4idniuriril'nilbiiu t+r ti . " , 6 i)t thiV ijr•1(..4 i 4:7,:,:,1:::-., :- • r+ ssli ).± I31S I.' : i i Ui it4 4 line, r r xr� -f 4O5t5 t nh 3 St4��t{fiilitMAiA5uiiilW i A i li��R ! � � +i t '`x i i r i i4 ran i 4 z x 9!Yfii!UM .'',F.r n. y 9f ' fti Lli'i)X*1iii, .? }0.!:! p..k.a,,,, ii•t;ts.t an "•art ? iii i,., • .. I ` / Figure 2. Diamond D Dairy. Looking west at the north end of a PVC pipe(in background)overhanging the concrete irrigation ditch that runs along the north side of the dairy's production site. The south end of this pipe terminates at the wastewater lagoon. Pipe in foreground is a loose, short piece of PVC pipe. Photo taken by Ron Jepson,Water Quality Control Division, on April 25,2003. :4 . 25 . 20O3 , `10AM • .. ; ; T • Waste pond water discharged 1rj into irrigation diiitch filling lake . f A l N : flirt �t .. _ • - �r'.+r.�g:F \1µ^u hit " T 4- ILA lib 3'04'M Pit �iii , 1 *iitil :Iv ' N""ts. y �� ' I '! k \ 6 Y ', '� '. t Figure 3. Diamond D Dairy. Looking east at discharge of wastewater from PVC pipe into irrigation ditch with fresh water. The south end of the pipe terminates at the dairy's wastewater lagoon. Ditch water on the date of the picture was flowing eastward and emptying into Holt Reservoir. Photo taken at 10:00 am on Friday, April 25, 2003. • .....fi t S'Lop 1.0 , ('( kik p.„ -' et 1 npI i3ktHd..tt s s ., ! 't lr. i40tk�t t t 't (w'a' rrn.> -.• x .4}«,s 5 mskltii�l(i } Ya {„ • • • • • Figure 4. Diamond D Dairy. Looking north at flow of water from the concrete irrigation ditch that runs along the north side of the dairy's production area into Holt Reservoir. Photo taken by Ron Jepson, Water Quality Control Division, on April 25, 2003. 4 SFµ .dZ ^; a,¢ .' 6 iIi iiii€5I 7 y 14t I{t( t �'�` '� sYH+ "y i ii3{'{I�t�IF�Ilil�tli{n n 4J i Is t.+i 7 t 4 t,{t'i i t,II �(i tE II,IIPIiII,III7I}l411 i p , t`+,''' '"In }]"� M (�i ({({ii�p, tIi 4411. :.:1 I!ll{ III 1 s ':S,:,,!„a„II ill ;r ill ii}io 7l ,„ :0., :., - .i' , it '�{{ 4 t(� 4kSlytlli�si , i fI 4+1.i.,;4Y(, a r � ,4 E,in 4. `1.„ ,, '* ,P,+++:1:+"++4++ .. bi taeq. II•F y s f�4 j 7I4+0+++111+7,4++++++++,1**::I11 i,1{ ll k > ! Ill '{ }f 1 i slt y idi 4 .r F4' d`y * r: iii f, n* ti C i ,,i4IIii IC�I+11{} Ii 1111ti E*i I �I IIilii {3i hill 7 y ,, site d tit(it fk44t„lIH i s t ° { I 1 is ....— I 14 so=1 "h t I i 71 n f{idl+il i`- �ihtB � .t utdltitp4t 44 'i1µ 4 {II Ii{I4Ai1 ii171ti 14O.:�8 4. ! a it {F ;,.i I,:+ ,...<: „ } r ,4i ti 7�i7 t. �S • c ' Ii4ti + LHi J r , Ithi a ILI4 i N4'. 7 t y?N. .. :, y l.. '. u.... _..!!!!!1,:r..1.P.4.:, a ..,- ry h 1,.41''' ; t I i! d (YIF { - r )1,,iiiii an .. _ o.„--�k i' t14' tip i'r l Pid,tillr ) i -_ _ �1d n u !' i 1pilli n`5 .1 ik^' a .Iil i Ik ,i i 4tI_! � 1-'x la-I ifiA iy r• mss,kTy I WI it III i #,t� _ r W'PI} iyi 4' 1 'iut ' ., } m�ppp, 4 „� ! iiµ x* r.a. - +ws a,rf c z.- ._ ... z rw: c-,3/41,,i".,- .� "y.. al' -...•-, -fr..* ' ' .1 ". ` • • - v Figure 5. Diamond D Dairy. Looking west at the seep water on the left that flows through the dairy. On the right is a portion of the dairy where pollutants directly flow into the seep and dairy animals have direct contact with the seep water. The dairy's wastewater pond is seen in the background. Photo taken by Ron Jepson, Water Quality Control Division, on May 2, 2003. DEPARTMENT OF PUBLIC HEALTH & ENVIRONMENT y 1555 N. 17`" Avenue ir7rnwt, Greeley, CO 80631 WEBSITE: www.co.weld.co.us ADMINISTRATION: (970) 304-6410 FAX: (970) 304-6412 O PUBLIC HEALTH EDUCATION & NURSING: (970) 304-6420 C FAX: (970) 304-6416 ENVIRONMENTAL HEALTH SERVICES: (970) 304-6415 COLORADO FAX: (970) 304-6411 September 3, 2002 Eric Dunker AgPro Environmental Services, LLC 4311 Highway 66, Suite 4 Longmont, Colorado 80504 Subject: USIA-12&2,Diamond D Dairy—Nuisance Plan Approval Dear Mr. Dunker: The Weld County Department of Public Health and Environment (WCDPHE) has reviewed the Management Plan for Nuisance Control (the Plan), dated January 2000, located in the facilities Special Review Permit for Animal Feeding Operations, dated February 18, 2000. The dairy is located in the E1/2 of the SW1/4 of Section 14, Township 3 North, Range 68 West of the 6th P.M., Weld County, Colorado. The Plan is a requirement of Condition of Approval No. 2.D, E, and F of USR#1262. Based on the information provided in the Plan, the WCDPHE approves the Plan. Should you have any questions, or if I can be of any assistance, please do not hesitate to call me at (970) 304-6415, extension 2220. S,inc �ly,� c;indi Etcheveny Environmental Health Specialist Environmental Health Services cc: Trevor Jiricek,Director,Environmental Health Services (via email) Chris Gathman, Weld County Planning Services Ron Jepson, Colorado Department of Public Health and Environment(via email) Jim Docheff,Diamond D Dairy o:\ETCHcCAFolgrnond o Oalcy1020903nulsonce So approval doc • DEPARTMENT OF PUBLIC HEALTH & ENVIRONMENT 1555 N. 17`h Avenue Greeley, CO 80631 WEBSITE: www.co.o.weld.co.us ' ADMINISTRATION: (970) 304-6410 FAX: (970) 304-6412 C. PUBLIC FAX: 1970) 304-6416 ENVIRONMENTAL HEALTH SERVICES: (970) 304-6415 COLORADO FAX: (970) 304-6411 September 3, 2002 Eric Dunker AgPro Environmental Services,LLC 4311 Highway 66, Suite 4 Longmont, Colorado 80504 Subject: USR-1262,Diamond D Dairy—Manure and Waste Water Management Plan Approval. Dear Mr. Dunker. The Weld County Department of Public Health and Environment (WCDPHE) has reviewed the Manure and Wastewater Management Plan (the Plan), dated January 17, 2000, and replacement pages dated March 15, 2002, for Diamond D Dairy. The dairy is located in the E1/2 of the SW1/4 of Section 14, Township 3 North, Range 68 West of the 6th P.M., Weld County, Colorado. The Plan is a requirement of Condition of Approval#2.A. of USR#1262. The supplemental information was submitted in response to our request for additional information. Based on the information provided in the Plan and replacement pages, the WCDPHE approves the Plan. We encourage you to submit the revised Plan to the Colorado Department of Public Health and Environment in order to assure that they have the most recent version of the Plan. Please also notify the WCDPHE when the above improvements and repairs have been completed. Our staff would like to observe the improvements. Should you have any questions, or if I can be of any assistance, please do not hesitate to call me at (970) 304-6415, extension 2220. Sink ly,—j L-.rrre cr �l�erc r� Cindi Etcheverry Environmental Health Specialist Environmental Health Services cc: Trevor Jiricek,Director,Environmental Health Services (via email) Chris Gathman, Weld County Planning Services Ron Jepson, Colorado Department of Public Health and Environment(via email) Jim Docheff, Diamond D Dairy O:\ETCH\CAFO\Diamond D Dairy1020B03MWWMP appaovai.doc 4311 Highway 66, Suite 4 RECEIVED Longmont, CO 80504 Office (970)535-9318 JUL 1 9 2002 Fax: (970) 535-9854 u Hal . 18 July 2002 Ron Jepson Water Quality Control Division 4300 Cherry Creek Dr. S. Denver, CO 80246-1530 RE: Diamond-D Dairy,certified mail number: 7099 3220 0003 0284 2205, Dear Mr.Jepson: Your May 20 letter referenced above stated that Diamond-D Dairy was to provide the department with information demonstrating remediation of problems addressed in the letter by August 3. This letter addresses those issues. A berm was constructed on June 1 to collect runoff from the compost area and production areas west of the wastewater lagoon. Pictures of the berm are enclosed. The berm directs all runoff to the lagoon and prevents runoff from entering the seep area to the south. The facility is now on a monthly inspection program provided by AgPro Environmental Services. Pond and runoff diversion berms will be inspected monthly for operation,needed management,and damage,and the volume will be monitored. The facility owner will be notified when the pond requires dewatering. The dairy now owns a PTO driven pump. We believe that these actions constitute Diamond-D Dairy's plan for correction. If you have any comments,please contact us at the number above. Sin r ly, om Haren Environmental Consultant Pc: Cindi Etcheverry,Weld County Environmental Health Services Tom Schaffer,District Engineer, CDPHE-WQCD Susan Nachtrieb, CDPHE-WQCD Dave Akers,CDPHE-WQCD Jim Docheff,Jr.,Diamond-D Dairy owner Trevor Jiricek,Weld County Dept of Public Health Enclosure � .. DIVERSION BERM: Near the pond looking southwest, berm runs toward the west on the right. i4 DIVERSION BERM: From the west end looking east, the berm curves towards the pond to the right. - DIVERSION BERM: From the east side looking west, the berm curves to the right and then straightens out. STATE of COLORADO Bill Owens,Governor lane E.Norton,Executive Director Dedicated to protecting and improving the health and environment of the peopie of Colorado �' 4300 Cherry Creak Dr.S. Laboratory and Radiation Services Division Denver,Colorado 80246-1530 8100 Lowry Blvd. + °V�' Phone(303)692-2000 Denver,Colorado 80230-6928 TOD Line(303)691-7700 (30316923090 Colorado Department Located In Glendale,Colorado of public Health httpV/www.edphestate.eo.us andEnvironment Certified Mall Number: 7099 3220 0003 0284 2204 May 20,2002 Mr.Jim Docheff Diamond D Dairy 4513 Weld County Road 32 Longmont,Colorado 80504 RE: Compliance Advisory—Failure to Utilize Best Management Practices as Required by Regulation 81 Diamond D Dairy;Weld County Dear Mr. Doehe£f: The Water Quality Control Division("the Division")inspected Diamond D Dairy("the dairy")on April24,2002. The inspection was a result of the Weld County Department of Public Health and Environment's March 26,2002 letter to your operation regarding discharges from the wastewater retention structure into waters of the state. Mr.Tom Haren with AgPro Environmental Services, LLC,was also present during the inspection. • The dairy informed during the inspection that it has an average working capacity of 600 head, which is equivalent to 840 animal units. Since less than 1,000 animal units are fed on site for at least 45 days,and crop or forage growth is not maintained in the production area of the dairy, this area of the dairy is classified as an Animal Feeding Operation("AFO")under Regulation No. 81 ("Confined Animal Feeding Operations Control Regulation") of the Water Quality Control Commission(5 CCR 1002-81). As an AFO,the dairy must utilize Best Management Practices (BMPs)presented in Section 81.6 of the Regulation No. 81 ("the Regulation")for the purpose of protecting waters of the state. 1 H:\Diamond D DairylCompliance Advisory.dec ZO'd SO:2T £OOZ 61 641 06£OZ8L£0£:Xp3 OoOm-3Hdc0 Three BMPs that are stated in Section 81.6 of the Regulation are: 1)operators of animal feeding operations shall collect and allow wastewater to evaporate;2)operators of animal feeding operations shall collect and evenly apply wastewater to land at proper agronomic rates; and 3) operators shall not deposit such material which might pollute waters of the state in such locations that storm water runoff or normally expected high stream flow will carry such material into the water of the state. We observed during the inspection that runoff from the compost area and other parts of the dairy's production area is not collected in the wastewater retention structure,but flows directly into a seep area which is"waters of the state". The Division has been informed by Weld County Department of Public Health and Environment that the construction of a berm so as to divert and collect all wastewater from the production area of the dairy,which includes the compost area,had been discussed on several occasions with the dairy. As of the inspection date,such a berm was not in place. In addition,the dairy has failed to decrease wastewater discharges to watercourses by having allowed wastewater to overflow the retention structure and flow into the seep. The Division understands that this discharge: 1)occurred over a period of more than one day;2)was the result of the dairy not properly dewatering the structure in advance of the overflow;3)was not the result of a significant rainfall event that occurred on the day of,or just prior to,the days of discharge; and,4)occurred despite the fact that the dairy had at least three months within which to dcwater the structure and land apply the wastewater at agronomic rates. The seep area referenced above is located to the south of the dairy's production site. This seep area is a wetland located within Segment 6 of the South Platte River Basin. Segment 6 is classified as"Class la Recreation"under Regulation No. 38 of the Water Quality Control Commission, entitled"Classifications and Numeric Standards South Platte River Basin, Laramie River Basin,Republican River Basin, Smoky Hill River Basin." For your information, Section 81.2(4)(c)of the Regulation states that an AFO is a Concentrated Animal Feeding Operation (CAFO)if it is in a location which reasonably could be expected to adversely affect a hydrologically sensitive area. The definition of a hydrologically sensitive area[Section 81.2(8)] includes areas where animal feeding operations could impair water bodies subject to antidegradation review or classified for Class 1 Recreation or Class 1 Aquatic Life. Therefore,if the dairy does not utilize appropriate BMPs presented in Section 81.6 of the Regulation, it is subject to being classified as a CAFO under Regulation No. 81. As you may be aware,regulatory standards for CAFOs are more stringent than those for AFOs. Diamond D Dairy's failure to utilize required BMPs for the purpose of protecting waters of the state, and its discharge of wastewater to waters of the state constitute violations of 5 CCR 1002- 81, section 81.6(4). The dairy is responsible for complying with the Confined Animal Feeding Operations Control Regulation and there are substantial penalties for failing to do so. Section 25- 8-608 of the Colorado Revised Statutes provides that any person who violates the regulations may be subject to a penalty of up to$10,000 per day. The issuance of this Compliance Advisory does not limit or preclude the Division from pursuing its enforcement options concerning the above violation. The Division is currently evaluating the 2 H:\Diamond D Dalry\Compliance Advisory.doc £0'd 90:2T £00Z 61 6pW 0620Z8L202:Xe3 0 -3441D facts associated with the above-described violation and if a formal enforcement action is deemed necessary,Diamond D Dairy may be issued a formal Notice of Violation and a Cease and Desist Order,which may include the assessment of penalties. To avoid additional enforcement activity or to reduce the potential penalties described above,Diamond IS Dairy 1s strongly encouraged to construct a sufficient berm to divert and collect all wastewater from the entire production area in the wastewater retention structure and manage the wastewater retention structure to minimize discharges to waters of the state. As discussed with Diamond D Dairy on April 24,2002,the construction of the berm must be completed within 90 days of April 24,2002. In addition,Diamond D Dairy is strongly encouraged to provide the Division by August 3,2002: 1) information that demonstrates that the required berm has been constructed and will be properly maintained; and, 2)the management plan that will be used to minimize wastewater discharges from the retention structure to waters of the state. Any information you submit will be considered in our review of this matter. Additionally, any other information that you would like the Division to consider in its enforcement process should also be submitted to this office by not later than August 3,2002. Contact me if you have questions regarding this matter. Sincerely, Water Quality Control Division 303-692-3520 cc: Cindi Etcheveny,Weld County Environmental Health Services Tom Hazen,AgPro Environmental Services,LLC,4311 Hwy.66,Suite 4,Longmont,CO 80504 Tom Schaffer:District Engineer,CDPHE-WQCD Susan Nachttieb,CDPHE-WQCD Dave Akers,CDPHE-WQCD 3 H:\Diamond D Dairy\Compliance Advisory.doc b0'd 90:21 £00L 6i RN 06£0L8L£0£:Xed QJO9h3HdJJ 4311 Highway 66, Suite 4 •• RECEIVED Longmont, CO 80504 • Office(970) 535-9318 • • APR 4 9 /1)02 Fax: (970)535-9854 EilYIHONMENIAL HEALTH S8( iCES Environmental Services, LLC Cindi Etcheverry April 4, 2002 Environmental Health Services Weld County Department of Public Health&Environment 1555 N. 17th Avenue Greeley, CO 80631 RE: Diamond D Dairy—Certified letter No.: 7001 0320 0004 1518 0778 This letter is in response to your Certified Letter referenced above dated March 26,2002 regarding the Diamond D Dairy facility and your inspection(s) on March 12 and March 19, 2002. As you are aware, AgPro Environmental Services, LLC visited the site and met you on March 19,2002. We subsequently spent an additional hour discussing the importance of the situation and remedies with Mr.Jim Docheff, Jr.who was very receptive and responsive. The situation in question was caused in part by a third party individual hired to pump the Diamond D Dairy lagoons who did not perform as expected in a timely manner. To remedy this situation in the future, Mr.Docheff ordered a new wastewater pump on the afternoon of March 19, 2002 and also made arrangements to borrow a pump immediately to dewater his pond. Employees of the dairy were immediately directed to place additional fill in the low-lying areas of the ponds to prevent potential for discharge, and pipelines were placed to begin dewatering on March 20, 2002. The pond was dewatered over two subsequent days and KAS Pond and Lagoon Construction Company from Garden City, KS was hired to improve the pond structure and remove any excessive solids accumulation. Diamond D Dairy now has a dewatering pump on-site and available at all times. This work was completed on March 29, 2002. Pictures of the work are enclosed. We believe these actions constitute Diamond D Dairy's plan for correction and timeline. We intend to continue to work with your office in good faith and believe the issues in your letter have been addressed. If you have any comments or feel further review is necessary please contact us at(970)535- 9318. Sincerely, T ma ren Environmental Consultant Pc: Kim Ogle,Department of Planning Services Trevor Jiricek, Weld County Department of Public Health and Environment Ron Jepson, CDPH&E Jim Docheff, Jr.,Diamond D Dairy Enclosure Your "Pro-Ag"Environmental Professionals Diamond D Dairy bwn• d i.lx R r� $ x !�},ny`Yx 1'lu C S� 1 i At�.tReeM !y � � e6,6 t FF k� atF 'sq'�`"*. 'U��i r-� yiltY.,iegl, 1 14)1,14�L :41011404 A • f� T tf yv�' �u Sl£'.'`YYvy uti k xd • Jf Pond emptied and cleaned g +w a+ .z+ �r�{+ttx s x a �. Xf CIF �� e �` � '"r " '6,44„6-6,-,,,,s, k L r �^� s>•� ' a 3r d p nazi w y P ti � jfil ti' r .0 z "� x .'ws "'6i�xr 4 kz • !_. Berm • 5r repaired j ,:; yAxI k ,4 C Mks 4 N a'- tS +y*S b . x 0 DEPARTMENT OF PUBLIC HEALTH & ENVIRONMENT 1555 N. 17th Avenue Greeley, CO80631 WEBSITE: www.co.weld.co.us ADMINISTRATION: (970) 304-6410 ' FAX: (970) 304-6412 PUBLIC HEALTH EDUCATION & NURSING: (970) 304-6420 es FAX: (970) 304-6416 ENVIRONMENTAL HEALTH SERVICES: (970) 304-6415 COLORADO FAX: (970) 3046411 March 26,2002 Certified Letter No.: 7001 0320 0004 1518 0778 Jim Docheff Diamond D Dairy 4513 Weld County Road 32 Longmont,CO 80504 Subject: Diamond D Dairy—Inadequate Retention Structure and Discharge Dear Mr.Docheff: It has come to the attention of the Weld County Department of Public Health and Environment that the Diamond D Dairy may lack adequate waste water retention structures and that the facility appeared to be discharging manure contaminated waste water into waters of the State in violation of the Confined Animal Feeding Operation Control Regulations ((CAFO Regulations)(5 CCR 1002-81), Weld County Code, and the facility's pending Use By Special Review Permit. The dairy is located one-quarter mile east of Interstate 25 on Weld County road 32, in the E1/2 of the SW l/4 of Section 14, Township 3 North, Range 68 West of the 6th P.M., in Weld County,Colorado. On March 12, 2002, waste water was observed to be flowing over the top of the retention structure into a natural drainage/wetlands area. This drainage appears to flow into Lake Thomas. Additionally,waste water flowing over the retention structure was observed with you on March 19,2002. You acknowledged that the discharge was occurring, that your pump was down, and that you had called someone to pump your lagoon down several days earlier. As required by the Weld County Code, you are hereby advised that you have 10 days from receipt of this notice to respond with a plan of correction for the aforementioned violation. The plan for correction shall also consist of a detailed time line to correct the violation. Also, please be aware that the Department will withhold approval of the facility's Comprehensive Manure and Wastewater Management Plan until this issue has been appropriately resolved. We look forward to receiving your response. If you have any questions,please do not hesitate to contact me at(970)304-645,extension 2220. Wif:ciZiee,e/1,7 Cindi Etcheverry Environmental Health Specialist Environmental Health Services cc: Trevor Jiricek,Director,Weld County Environmental Health Services Ron Jepson,Colorado Department of Public Health and Environment Kim Ogle,Department of Planning Services March 19, 2002 discharge fro south side of retention structure. � , m i ..,,,,,;:=.,..;,:. Ifr3 • . '',�s- :et ; �i„r ,." r %5 .$=r ♦ { > a' s;." +G . g ? # J .v.7---=';r7==== I). r rtr r Y € — .::".7 H �,w' 4,.. ' .- r '- Y t1 •t u fi ,gym'.:. .♦« i'.. — �.. t ',,,k`%Y. 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'1tiry ,pEd ii 1 7 44'1,- ..,. .,� " ,'" , ti .2.a'* s > 'f ti t Ji3•. $:� /�l it "l - �d ` :.._ "`—v �-• % 0-.7 4 ti {r. wit' c .> :.i ,1 -Jeri �R. ` s. p, ��, , J .` ii.• \^-.c.1*- -440 S $$2 ,,.._ Northeast portion of retention structure—photos below I I em;�� rii 1 � C F. _. y x O".Ft I id It ii'C * ,.4 p 'W! • ,i it lin _1. 1 A i -Ws,(1,1 ..ry�Yy�r��fi'�yf4ir y f!,`q ` 4`• 4 t( i;, 'y. t r t 1 � 1 . r ? c ,rA � A il\ y +f� ."1. ` I ft• ?II 9 1 �'� a r * !� �� r �., J� tir • �II w. .1 . 1i i i, 1 � frm t- �I �A F.ti s, _ . t p t II r -1•x'.3 '11' `Ii. . `a t �.} r�` ]; 4 i ' 3 0:\ETCH\CAFO\Oiamono 0 Dairy\020312 0203194ischarge photos doc rim -.---- _ _ i • F` , u 4 e _ _ � � tir ... _ I _ ,.:91 rrs` .e S �„ lr r x` nx I 0\ETCH\CAFO\Diamond D Dairy\020312 020319discharge photos.doc 4311 Hwy 66,Suite 4 Longmont,Colorado 80504 Office: (970)535-9318 Fax: (970)535-9854 Fnvil Irn al Services,LLC _:y C E I V E D MAR 1 8 2002 March 15, 2002 ENYIRRNMENGI HEALTH SERVICES Trevor Jiricek Weld County Department of Public Health&Environment 1555 N. 17th Avenue Greeley,Colorado 80631 Re: Diamond D Dairy Dear Mr. Jiricek: Enclosed is an the main text for the updated Comprehensive Manure and Wastewater Management Plan for Diamond D Dairy, located southwest of Johnstown, Colorado. This updated plan addresses issues raised by the Colorado Department of Public Health and Environment and our recent telephone conversation. None of the calculation tables changed, so I am not including those. I am included an updated site map with some minor modifications. Note that the drainage basin acreage has not changed even though the east side drainage increased slightly. This is because previously I had rounded up a fair amount for the drainage basin area. Now the 17.4 acres of drainage area is very accurate. If you have questions or need further information,please call. Sincerely, Eric W. Dunker,P.E. Environmental Engineer Enclosure Cc: Jim Docheff,Diamond D Dairy Your "Pro-Ag'Environmental Professionals STATE OF COLORADO Bill Owens,Governor Jane E. Norton,Executive Director �oF ?DAD Dedicated to protecting and improving the health and environment of the people of Colorado H %_ o 4300 Cherry Creek Dr.S. Laboratory and Radiation Services Division * i 49 1 Denver,Colorado 80246-1530 8100 Lowry Blvd. •1876• Phone(303)692-2000 Denver,Colorado 80230-6928 TDD Line(303)691-7700 (303)692-3090 RECEIVED Colorado Department Located in Glendale,Colorado of Public Health http://www.cdphe.state.co.us MAR 0 1 2002 and Environment ENM OiRI HEAL� February 22, 2002 IR Eric Dunker, P.E. AgPro Environmental Services, LLC 4311 Hwy 66, Suite 4 Longmont, CO 80504 RE: Review of Comprehensive Manure and Wastewater Management Plan Diamond D Dairy; Weld County Dear Mr. Dunker: The Water Quality Control Division("the Division")has received and reviewed the Comprehensive Manure and Wastewater Management Plan("the Plan") for Diamond D Dairy as it relates to the "Confined Animal Feeding Operations Control Regulation" ("the regulation") (5 CCR 1002-81). The Plan indicates that Diamond D Dairy ("the dairy") currently operates as an "Animal Feeding Operation" (AFO) and that within the next three years, the dairy plans to expand its working capacity to such,at which time, it will become a"Concentrated Animal Feeding Operation" (CAFO). The Plan also indicates that the dairy plans to add several features, including a new milk parlor, additional free-stall barn, expanded retention pond, and diversion berms/ditches, once it approaches the capacity for CAFO status. The ultimate capacity of the dairy is expected to be approximately 650 milk cows, 50 dry cows, 50 replacement heifers, and 50 calves. The Division provides the following comments on the Plan: 1. Diversion Berms/Ditches. The "Surface Runoff'section of the Plan indicates that the dairy "will monitor the site and maintain appropriate diversion structures to ensure runoff enters the stormwater collection system". These diversion structures must be designed to withstand the flow from a 25-year, 24-hour storm event. This is not indicated in the Plan. Additionally, it is not indicated how access will be provided across the diversion structures. This would include planned locations of culverts of appropriate size(s) to handle the flow from a 25-year,24-hour storm event. 1 H:\CAFO\Diamond D Dairy.doc 2. Retention Structure. The third paragraph in the "Surface Runoff' section of the Plan states that "the expanded retention structure will have a total capacity of 7.4 acre-feet". However, in Appendix B the"25-year, 24-hour, & 10-year, 10-day Storm Events and Pond Capacity Calculation" worksheet shows the total capacity to be 10.75 acre-feet,with a total "working capacity" of 7.4 acre-feet. This should be clarified in the "Surface Runoff' section. 3. Run-on Water Control. There appears, on the site layout drawing,to not be a run-on water diversion on the northwest side of the dairy's drainage boundary. A diversion ditch/berm must be built to divert runoff from uncontaminated areas away from animal confinement areas and manure and process wastewater control facilities. For your information, a run-on water diversion is also applicable as a BMP for the existing AFO operation(see part 81.6 of the regulation). 4. Seepage Requirement. It is stated in the Plan that the expanded pond will be designed and constructed to meet the 1/32-inch-per-day maximum seepage requirement of the regulation. The Division assumes that the"expanded"pond refers to the entire pond as reconstructed. If this assumption is not correct,please clarify in the plan, including what the seepage rate of the existing pond portion will be. For your information, the dairy's entire pond will need to meet a 1/32-inch-per-day seepage standard if the dairy desires to be certified under the state's general CAFO permit. 5. Process Wastewater System. The "Process Wastewater" section of the Plan must include clarification about how the process wastewater system operates. The Division is unclear about how the manure is dry-scraped from the free-stall barns into the 24-inch pipe that runs from north to south and into the 30' diameter concrete pit. It should be indicated how often the slurry will be removed from this concrete pit. It should also be indicated if the possibility exists for this concrete pit to overflow and if so, what structures will be in place to ensure the process wastewater is retained on the dairy site. The site layout drawing does not show the existence of berms or other structures for retaining pit overflow. The Plan should include a Standard Operating Procedure that the dairy will use in the event that the pump in the 30'diameter concrete pit fails. Part 81.3(C)(4) of the regulation states that "adequate equipment shall be available on site or provided for in written agreement for the removal of accumulations of manure and process wastewater as required for compliance with the provisions of this section". Therefore,the Plan should indicate what backup provision will be in place, such as having a replacement pump on-site, in the event that the installed pump fails. 6. Monitoring Pond Containment Capacity. The Plan should indicate how the existing storage capacity and freeboard will be accurately determined, e.g., through the use of staff gauges in the pond. Also, the Plan should indicate that when stormwater runoff and process wastewater is elevated beyond 50% of the designed 25-year, 24-hour containment level, the system will be dewatered within 15 days. Without holding a certification under the CAFO general permit, the dairy needs to be able to demonstrate that a 25-year, 24-hour storm event occurred, and that sufficient pond capacity 2 H:\CAFO\Diamond D Dairy.doc existed at the start of such a storm event, should there be a discharge. No other discharge is allowed by the regulation or the Water Quality Control Act. Indicate in the plan how this demonstration will be made. 7. Liner Construction. The Plan should indicate that the dairy operator will have evidence that the liner for the pond was constructed to meet the requirements of Part 81.4(A) of the regulation. 8. Land Application Site. The soils map included in the Plan should indicate the location of the land application site. 9. Land Application. The regulation provides for the Division approving the land application plan segment of Manure and Process Wastewater Plans. The Plan indicates that stormwater/process wastewater and, at some point, possibly composted material will be land- applied utilizing the "tier two" criteria in the regulation. The Plan states that approximately 45 acres of irrigated land is available for land application. Ownership and operational control of this land should be clarified in the Plan. In addition,it should be clarified how the stormwater/process wastewater will be pumped to the land application area. The residual nitrate value of 5.5 ppm(only 20 lbs/ac)used in the"Land Application Requirements"formulas is likely too low for planning purposes. Have soil samples been taken that justify this value? In addition, appropriate nitrogen credits must be accounted for when determining the agronomic rate for brome grass and orchard grass. For your information, it appears that the stated"nitrogen required values"for brome grass and orchard grass understate the suggested nitrogen rate for irrigated grasses. Using Table 2 in CSUCES' fact sheet no. 0.537, the suggested nitrogen rate for irrigated grass fields with 0.0 to 6.0 ppm of residual nitrate-N in the soil is 185 lb.N/acre (for an expected yield of 4 tons/acre). The table value of 4 tons/ac must be adjusted to reflect historical yields and, in addition,the appropriate nitrogen credits, such as nitrogen in the irrigation water, if applicable, will need to be subtracted from this suggested nitrogen rate. 10. Topographic Map. It appears on the included topographic map and soils map in Appendix A that waters of the State exist within the boundary of the dairy. If this is the case, the Plan must indicate its existence relative to the site layout of the dairy. In addition, depending upon its proximity, the Plan must indicate what the dairy intends to do to protect State waters from process wastewater runoff. 11. Tail water Structures. Page 7 of the Plan states that the dairy will utilize tail water structures during application of stormwater. It should be clarified that tail water structures will be used during application of both stormwater and process wastewater. The Plan should indicate the specific tail water structures that will be used, and if tail water ponds will be used, the location of the ponds. The Plan also should indicate how effective the tail water structures will be in containing tail water from flood irrigation of wastewater. 12. Solid Manure Management. The Plan indicates that the dairy removes the manure from the pens and composts it on site. The composted solids are currently not land applied on dairy- 3 H:\CAFO\Diamond D Dairy.doc owned property. It is stated in the Plan that if the dairy chooses to utilize some of the compost produced on its own land, "it will do so utilizing"tier two" criteria in the state CAFO regulations". For your information, if the dairy decides to apply the composted solids on its land, the manure and process wastewater plan would need to be amended to demonstrate that the land application area available could receive the composted solids at the appropriate agronomic rate. If such a demonstration is not possible, additional land will need to be retained to receive the composted solids in the future, if applicable. Thank you for submitting this plan to the Division for review. Contact me if you have questions or need clarification. Sincerely, Q YJCLAn Erin Pease Water Quality Control Division (303) 692-3523 cc: Trevor Jiricek, Weld County Health Cindi Etcheverry,Weld County Health Ron Jepson, MO Program, CDPHE-WQCD Susan Nachtrieb, Permits Unit Manager, CDPHE-WQCD Dave Akers, Section Manager, CDPHE-WQCD 4 H:\CAFO\Diamond D Dairy.doc O DEPARTMENT OF PUBLIC HEALTH & ENVIRONMENT 1555 N. 17th Avenue Greeley, CO 80631 T WEBSITE: www.co.weld.co.us ADMINISTRATION: (970) 304-6410 FAX: (970) 304-6412 O PUBLIC HEALTH EDUCATION & NURSING: (970) 304-6420 FAX: (970) 304-6416 ENVIRONMENTAL HEALTH SERVICES: (970) 304-6415 COLORADO FAX: (970) 304-6411 November 13, 2001 Eric Dunker AgPro Environmental Services, LLC 4311 Highway 66, Suite 4 Longmont, Colorado 80504 Subject: USR-1262, Diamond D Dairy— Manure and Waste Water Management Plan Comments. Dear Mr. Dunker: The Weld County Department of Public Health and Environment (WCDPHE) has reviewed the Manure and Wastewater Management Plan (the Plan), dated January 17, 2000, for Diamond D Dairy. The dairy is located in the E1/2 of the SW1/4 of Section 14, Township 3 North, Range 68 West of the 6th P.M., Weld County, Colorado. The Plan is a requirement of Condition of Approval #2.A. of USR#1262. The WCDPHE has found the Plan to be incomplete as submitted. Several items must be addressed prior to our continued review of the Plan. They are: 1. Demonstrate that all manure stockpile areas and wastewater collection, conveyance, and retention facilities are adequately constructed and sized to handle a twenty-five year, twenty-four hour storm event. Include a detailed time-line to install those measures necessary to direct storm water from the composting and manure storage areas into the retention structure. This is a requirement of Condition of Approval #2.A(1). 2. Existing retention basin does not appear to have the capacity to hold the run-off from a 25-year, 24-hour storm event. The Plan proposed to either expand the existing pond or construct a new retention structure in accordance with the CAFO Regulations. The Plan must provide information concerning the construction of wastewater retention structures as discussed in#2.A.(1)(a). and 2.A.(2). 3. The surface contour map does not demonstrate all surface water control features on the site and include surveyed surface elevations, flow directions and run-on/off control features. This is a requirement of Condition of Approval#2.A.(4). Eric Dunker November 13, 2001 Page 2 Also, as we discussed during our meeting at the dairy on November 5, 2001, the following observations were made: 1. The site map demonstrating the layout of the site did not include conveyance structures from the free stall barns to the open tank process wastewater pit and watercourses through the property as required in#2.A.(3). 2. Compost and silage runoff is not contained as required in#2.A.(1). Because this facility has limited land application areas and the above deficiencies were observed, we have requested that the Colorado Department of Public Health and Environment, Water Quality Control Division review this plan and provide comments. WCDPHE withholds our final approval of the Plan until this review is complete and comments are received. Please provide the above information at your earliest convenience. We appreciate your cooperation in this matter. If you have any further questions or comments, please feel free to contact me at (970) 304-6415, extension 2220. Sincerely, ✓-- Cindi Etcheverry Environmental Health Specialist Environmental Health Services 0:\ETCH\CAFO\Diamond D Dairy1111301mwwmp comments.doc cc: Trevor Jiricek, Director, Environmental Health Services (via email) Chris Gathman, Weld County Planning Services Ron Jepson, Colorado Department of Public Health and Environment (via email) Jim Docheff, Diamond D Dairy Hello