HomeMy WebLinkAbout20010180.tiff BOARD OF COUNTY COMMISSIONERS
WELD COUNTY
LAND USE HEARING RE : DYELAND DAIRY
Docket # 2000-72
915 10th Street
_ Greeley , Colorado t As
A
December 13 , 2000
Partial transcript , third day of public
hearing , of rebuttal testimony , comments of Board of
County Commissioners , and vote .
Reported by Wilson George Court Reporters
Mary J . George , RMR , CRR
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DATE DESCRIPTION AMOUNT
12/13/2000 Board of County Commissioners, Land Use Hearing
re: Dyeland Dairy
Partial Transcript of Public Hearing of rebuttal
testimony, comments of the Board of County
Commissioners and the vote
Copy Transcript 202.40
Credit for appearance fee regarding this part of the -50.00
hearing
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Total $152.40
2
1 INDEX
2 PAGE
3 REBUTTAL TESTIMONY 3
4 COMMENTS OF COUNTY COMMISSIONERS 85
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6
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25
3
1 WHEREUPON , the following proceedings were
2 had :
3 * * * *
4 CHAIRWOMAN KIRKMEYER : Is there anyone else
5 in the audience that would like to come forward at
6 this time ?
7 Okay . Seeing no one else come forward at
8 this time , I will close the public hearing , and will
9 ask the applicant , or his representative , to come
10 back up to the microphone , please .
11 And please state your name and address for
12 the record . And then this is your turn for rebuttal
13 or any other comments you ' d like to make to the
14 board .
15 MR . HAREN : Tom Haren , AgPro Environmental
16 Services , 4311 Highway 66 , Longmont , Colorado .
17 Following up on some of Mr . Coan ' s
18 comments , first regarding the water issue . In
19 talking with the water district , we have a letter in
20 the file showing what the infrastructure and the tap
21 would cost . We usually don ' t address dollar numbers
22 in our applications because that ' s a personal thing
23 with the client , but in this case the district has
24 quoted us -- it ' s going to cost Mr . Dye a dollar
25 forty—eight cents per thousand gallons of water .
4
1 It ' s going to cost Mr . Dye 400-some thousand dollars
2 for the infrastructure , the plan improvement fees ,
3 the piping and the upgrades to make sure the pressure
4 is maintained in the line to get his tap .
5 The district is going to charge him a
6 dollar forty-eight cents per thousand gallons , which
7 will come to roughly over $ 50 , 000 a year for Mr . Dye .
8 He is paying for his water . And over the lifetime
9 it -- it adds up to quite a bit . This is a necessity
10 for the dairy , clean water ' s a necessity for good
11 quality milk , and this is a cost that he ' s factored
12 into his plans .
13 Now , as far as the surrounding property
14 owners and some of Mr . Coan ' s comments about some
15 other cases , I looked at the list that he passed out
16 and he ' s talking about rural -- rural residential .
17 There is zoning in Weld County for -- I don ' t know if
18 it ' s rural residential or estate lots . This is a
19 different zoning ; this is the ag zone .
20 I guess if the neighbors wanted to be rural
21 residential or estate , they could approach the County
22 and petition to be an estate zone and pay the
23 appropriate taxes that go along with those
24 residential zones . They ' re in the ag zones .
25 And as I look through this list , you know ,
5
1 most of these parcels -- when you talk about recorded
2 exemptions -- and I want to talk about the Buskirk
3 case very briefly -- what we had in that case was --
4 and I did process that case for Scott Buskirk -- half
5 the property was in the urban growth boundary of
6 Firestone . The other issue on the south side of the
7 property was a string of recorded exemptions anywhere
8 from a half acre to two acres . And there were about
9 17 of those in line which , cumulatively , ended up
10 being the equivalent of a subdivision .
-- 11 We don ' t have that in this case . We ' re not
12 in an urban growth boundary and we don ' t have a
13 string of RAs . We have 29—acre lots , 75 , 44 , 74 ,
14 20 ; the smallest lot here , the second line of the
15 second page , 3 acres , 12 , and then the -- the final
16 column on the right , virtually -- I don ' t know what
17 percentage , but 75 percent of these say we ' re
18 agriculture ; we have livestock .
19 In reference to -- to that case and several
20 others , such as the Morwai case , Mr . Coan states that
21 you ' ve got to take this site specific . But then he
22 draws that this is relative to these other cases .
23 No , it ' s not . You ' ve got to take this site specific .
24 I just described the Buskirk case . He
25 brought up the Morwai case and the land application .
6
1 First of all , Morwai Dairy was a 5 , 000-head permit
2 with no limit on the milking cow numbers . He stated
3 that they were just approaching 4 , 000 . He ' s
4 partially accurate . They ' re approaching milking
5 3800 , with plans to milk 4 , 000 .
6 They have a flushing system . They use
7 almost 75 to 80 percent of an acre-foot , 250-some
8 thousand gallons per day processed wastewater . Terry
9 Dye will use 12 , 500 gallons per day processed
10 wastewater . No comparison .
11 We ' ve heard considerable testimony , but --
12 and a lot of questions about what ' s in our plan on
13 the engineering , but the closest that came to
14 questioning our engineering at all was a presentation
15 by an economist from Colorado College . And basically
16 in his report from page 30 on , there ' s no specific
17 references to Dyeland Dairy ' s engineering . Basically
18 what he does is he quotes out of the National
19 Engineering Handbook , Section 4 , on agricultural
20 waste management . That ' s the Bible for designing
21 these facilities . I was glad to see that referenced .
22 He basically is supporting our design because that ' s
23 where we start .
24 So I have -- out of all of the testimony in
25 talking about the lagoons , the land application ,
7
1 these numbers all come from a college that ' s more in
2 tune with agricultural research , Colorado State
3 University , and their latest information , which is ,
4 in most cases , less than six months old .
5 Environmental protection in our land
6 application plans -- when we ' re discussing seepage
7 and issues of that nature , my partner , who ' s a
8 registered professional engineer in the state of
9 Colorado , he did a form for me . We usually do this
10 all on computer , but when we ' re looking at seepage
11 rates and the state regulations , it seems like
12 there ' s not as -- the concern is with what the
13 regulations are , not with what our design is . And I
14 want to put some of these numbers into perspective .
15 On our primary lagoon , it ' s 14 feet water
16 depth . If we ' re looking at a 2—foot clay liner , what
17 the actual seepage of that soil is , is 1 . 15 times 10
18 to the minus 7 centimeters per second . Well , that
19 doesn ' t mean a whole lot . You multiply it by 60
20 seconds , by 60 minutes , by 24 hours , by 365 days ,
21 that ' s 3 . 63 centimeters per year .
22 Now , there ' s another thing on the bottom of
23 our form , and I ' ve written it here , but in the last
24 year there ' s been a lot of research done on manure
25 lagoons . I was involved in some of the research at
8
1 CSU . But the NRCS came out and said , " If these
2 lagoons are used for manure , there ' s an additional
3 factor of 10 , an order of magnitude of 10 , because of
4 the self—sealing properties of manure . So
5 3 . 63 centimeters per year , that ' s point 363
6 centimeters per year .
7 So do lagoons seep? Yes . This -- this is
8 just an illustration of the seepage from the design
9 standards that are in these projects .
10 I want to answer a couple of questions
11 about Terry ' s operation and the maps and things of
12 that nature . I find it extremely disturbing the
13 letter from Larimer County . We do our background and
14 research when we start these projects and we check
15 with Larimer County , we check with Weld County , we
16 check with the Colorado State Department of Health
17 before we put this application together . "Are there
18 any problems with Dyecrest Dairy or Dyeland Dairy in
19 the proposed sites ? Is there anything on file or on
20 record? "
21 All three agencies reported no , there ' s
22 nothing on file . Sharon Frazier , who does our
23 research , has spent considerable time with Larimer
24 County and we turned up nothing . This site -- or the
25 existing dairy has never had a complaint prior to the
9
1 submittal of this application . Now , all of a sudden
2 we have a letter of a staff person at Larimer County
3 that says , " Yeah , I remember some phone calls . "
4 Either that individual isn ' t doing his job
5 or there ' s some serious problems in Larimer County .
6 I find that extremely disturbing . We ' ve had several
7 inspections since we submitted this application . Ron
8 Jepson from the State Health Department came out ;
9 Trevor Jiricek was out , I believe , as recent as last
10 week , looking at the new site and the old site .
11 The berm that was in question -- the field
12 to the west of that manure compost area , it ' s my
13 understanding , is a mechanically leveled field . There
14 was a rise in difference in elevation there always .
15 We did an evaluation of that site in 1998 and made
16 some recommendations to Mr . Dye . He ' s used that area
17 for manure storage . He hasn ' t always used that area
18 for manure composting .
19 The other thing that the aerial photograph
20 doesn ' t delineate is that is stormwater only . In
21 Colorado , we have about 14 or 15 inches of annual
22 precipitation and about 60 inches of annual
23 evaporation . There ' s not water there year-round ;
24 there ' s not water there all the time .
25 The other issues regarding our
10
1 record—keeping at Dyecrest Dairy -- we ' ve been
2 involved and we have a management notebook and forms
3 that we put together -- when we do a nutrient balance
4 at the end of the year we see what residual is left
5 in the soil after the crops come off , we see how much
6 crops come off , and my company samples about -- for
7 dairies , we have about two dozen dairy clients ; for
8 hog farms we sample about 15 , 000 acres a year , and we
9 do that in the winter .
10 So when Mr . Jepson came out and said , " Have
11 you got your nutrient balance? " I said , "We haven ' t
12 completed the paperwork , I haven ' t done the soil
13 sampling this year . " So he said , "Okay . When you ' re
14 finished with that , send it to me . " That ' s the only
15 issue he found on the site .
16 And like I said , he did not see any
17 problems with complying with Regulation 81 . He did
18 not see any problems with the lagoon systems .
19 Mr . Dye has not had any complaints or issues with
20 either of these sites prior to submittal of this
21 application .
22 Discrepancy in the map I can explain rather
23 easily . I believe it ' s this one . What this picture
24 is , with the question of the compost area and the
25 site being larger , that was our original map that we
11
1 drew back in the summer . And I went around and I
2 visited with some of the neighbors , Mr . Mullins ,
3 Mr . Eichheim . I went to see Mr . Sewald and he wasn ' t
4 home , but we gave him copies of the map and said , " If
5 any of your neighbors want copies , too , let me know . "
6 I spent the afternoon riding around the
7 site with Mr . Eichheim and he made some suggestions .
8 He talked to me about his irrigation ditch and we
9 said , "We will take care of that . We ' re not going to
10 impede your water . " As a matter of fact , the culvert
11 under Terry ' s road has already been upgraded .
12 We started looking at the location of our
13 entrance to Mr . Sewald ' s property and said , "Well ,
14 let ' s move that . " I told Terry early on we need to
15 move the dairy north and put this berm in because of
16 Mr . Sewald .
17 After meeting with Mr . Eichheim and
18 standing in his front yard looking at our maps ,
19 seeing where the compost area was , I went back to my
20 engineer and I said , "Let ' s cut down some of the
21 square footage on this because this southwest corner
22 is a berm . "
23 And Commissioner Baxter , you mentioned that
24 you ' ve been out there . This is a hill where the
25 existing feedlot and everything is . And it provides
12
1 a nice buffer in that area . There ' s an area in
2 the -- to the bottom where we proposed an additional
3 berm that creates some more buffer . So we squeezed
4 the site down .
5 We had a neighbor approach us after
6 planning and zoning , with concerns over the employee
7 housing . And I said , "Come meet with us and we ' ll
8 see what we can do . " It was Sonja Stonestreet . And
9 we were -- agreed to move the employee housing down
10 near the dairy . And we wrote her a letter and said ,
11 "We ' ll move it down to the north side of the dairy . "
12 And that ' s in the file .
13 on that day , she said , "Well , can you give
14 me a map , because I -- you wrote it out , but " -- so I
15 said , " Sure . " I zipped something out on the
16 computer , drew in two squares for the employee
17 housing and gave her the map . What I pulled up was
18 the old original map . When -- so that was not a new
19 site plan , that was an attachment to a letter to
20 Ms . Sonja Stonestreet to show the location of the
21 employee housing . So there ' s no discrepancy in the
22 site plan at all .
23 We tried to move the dairy in a location
24 where we ' re approximately 400 feet off of Road 84 to
25 buffer Mr . Sewald as much as possible . The lagoon is
13
1 about 300 feet off of Weld County Road 15 , and that ' s
2 the length of the football field . So we ' re going to
3 put berms in and trees on those properties .
4 And then it seems there ' s an issue with
5 this purchase of the property . I ' ve got to admit , I
6 was pretty impressed . I ' ve done a lot of these cases
7 and I ' ve never had property owners get together and
8 make an offer to purchase property . And Terry called
9 me when he got the purchase and we sat down and
10 thought about it . And at the time , I told Terry we
11 needed to wait and see because of Amendment 24 . We ' d
12 submitted our plan prior to the September deadline
13 and at that point we really didn ' t have any options ,
14 so we were sitting and waiting .
15 About a week later , Mr . Sewald ' s property
16 to the south , I believe that ' s Section -- parts of
17 Section 80 -- I think it ' s 102 acres , was put on the
18 market . Terry bought this property from
19 Agri-Enterprises , Les Gelvin ' s real estate agency .
20 Before he purchased this property a year-and-a-half ,
21 two years ago , he asked me to come out to the site
22 and see if it was an appropriate dairy site .
23 MR . TERRY DYE : Tom , I purchased the north
24 end from Les Gelvin . The south end was from a
25 different --
14
1 MR . HAREN : Duane Reynolds . Okay . Sorry .
2 CHAIRWOMAN KIRKMEYER : Will you put that on
3 the record , please?
4 MR . HAREN : Yes . The correction , the north
5 property -- I believe the north property --
6 CHAIRWOMAN KIRKMEYER : The current dairy .
7 MR . HAREN : Was from Agri—Enterprises ; the
8 south property , the Aranci property , was from Duane
9 Reynolds .
10 CHAIRWOMAN KIRKMEYER : Okay . Thank you .
11 MR . HAREN : But Terry asked me if it was an
12 appropriate diary site . And we looked at a lot of
13 issues and we drove around the neighborhood , too . And
14 I told him because of the area and the slope and a
15 lot of other exposure factors , I thought it was a
16 good dairy site . And basically to the southeast and
17 to the east there ' s not a whole lot out there .
18 But we got this offer and we were kind of
19 sitting there because of the ballot initiative . As I
20 believe Commissioner Geile asked earlier , it was an
21 offer approaching 5 , 000 per acre .
22 You know , you can play with how the -- the
23 houses play into that , but when we were there , the
24 property to the south of us was listed by
25 Agri—Enterprises for almost 8 , 000 an acre . Kind of
15
1 made us raise our eyebrows . And at the same time ,
2 Mr . Coan ' s offer -- and he still didn ' t state it up
3 here -- he said he represented seven people . We
4 didn ' t know who those seven people trying to buy the
5 property were . And we still don ' t know who those
6 people are . Mr . Coan hasn ' t disclosed that .
7 We weren ' t really in the -- in the market
8 to sell , and I guess when somebody wants to buy
9 something from somebody that ' s not really in a
10 selling mode , I find it interesting that you lowball
11 the offer . They talked about $ 100 , 000 profit on a
12 1 . 2 , $ 1 . 3 million property . The engineering , the
13 permits , the applications , and the commitments
14 Mr . Dye had already made far exceeded the $ 100 , 000 .
15 So he would not make a profit on this property .
_ 16 Tied with the listing of the property to
17 the south and the fact that we didn ' t know who the
18 potential purchasers were , we didn ' t follow up on the
19 offer .
20 I guess those are some of the high points
21 that come in that it seems that you ' ve had some
22 questions about .
23 The last thing I would like to follow up on
24 is this industrial , or factory , issue . And that is
25 bothering me a lot . I ' m not an economist , so I can ' t
16
1 refute a lot of the numbers in that report , but it
2 identified what they considered a factory farm . One
3 of those was a corporate entity that you can ' t define
4 who owns it or where the buck stops . That ' s not the
5 situation here . There he is right there . Terry Dye .
6 It defines factory incorporations as
7 absentee owners ; people that didn ' t care about the
8 community . Mr . Dye lives in the center of his
9 existing dairy . He lives in the community . It
10 defined turnkey operations that blow through a
11 community with projects so fast that nobody has time
12 to figure out what ' s going on . We -- Mr . Dye
13 purchased this property almost two years ago with an
14 eye toward a dairy site .
15 Six months ago , when we were putting the
16 application together , I made an effort to spend time
17 with a couple of the neighbors , gave them maps ; I
18 think the process with the county has given enough
19 time to review the application . Certainly the last
20 three days of these hearings have thoroughly hashed
21 out any issues with this project .
22 They talk about growth hormones and large
23 marketing co-ops , and that ' s not the situation with
24 Mr . Dye either . He ' s in a four-dairy cooperative
25 that has home delivery . I mean , nobody does home
17
1 delivery . That ' s things that we did 50 years ago .
2 His market is on the Front Range . That ' s
3 where he needs to be . There are dairies moving east
4 and there are dairy sites out east , but from Weld
5 County Road 41 to east of Wiggins , Terry ' s paying a
6 lot for water here . From 41 to east of Wiggins we
7 can ' t get water . So is it to be expected that he ' s
8 two hours from his market when he has a home delivery
9 cooperative?
10 So the issues of factory or industrial , I
11 just don ' t see where it fits . Size is not a
12 denominator . We ' ve already looked at the issues of
13 how many cattle Mr . Dye ' s going to milk . The issues
14 of his engineering plan weren ' t really refuted in a
15 lot of these comments in the last three days . The
16 land application plan comes straight from Colorado
17 State University .
18 With that , I think I ' ve hit the high
19 points . I ' d be willing to answer any kinds of
20 questions or concerns the Commission may have .
21 CHAIRWOMAN KIRKMEYER : Questions .
22 COMMISSIONER GEILE : Could I start ?
23 CHAIRWOMAN KIRKMEYER : Oh , please .
24 COMMISSIONER GEILE : Groundwater level .
25 We ' ve heard numbers all the way from 7- 1 / 2 feet . Have
18
1 you done any bores on that property to find out what
2 the real ground level -- and I know that there ' s been
3 a lot of testimony presented that , as you get in to
4 various times of the year , the land becomes saturated
5 and things of that nature .
6 My question is : Has there been good
7 science done on the groundwater level ?
8 MR . HAREN : We do two things when we
9 evaluate a dairy site . First , we pull all the well
10 information . We pulled the well information from the
11 state engineer ' s office for a mile around this site .
12 Second , my number one concern for
13 groundwater ' s the location of the lagoons . We were
14 very peculiar about our location of these lagoons .
15 And I ' ve got a soils map that I can put up here in a
16 minute . We did site specific soil borings in this
17 area right here .
18 COMMISSIONER GEILE : When did you do that?
19 MR . HAREN : I ' m pointing to the area of the
20 primary lagoon , because that ' s the deepest area . The
21 cut on that lagoon is about 16 feet . Now , when I say
22 cut , that is not all below grade . We ' ve got a lot of
23 dirt we ' re pulling out of that lagoon . A lot of it ' s
24 going to go to build the berms and embankment above
25 the ground .
19
1 Now , the secondary pond , that area is
2 where , historically , irrigation and the groundwater
3 would be the highest . And we have looked at the
4 tailwater pond that is existing . And as a matter of
5 fact , we went in there and , as you saw some of the
6 pictures of irrigation and silt running across the
7 road , we excavated that tailwater pond and got a lot
8 of silt out of that .
9 And I believe the groundwater right in that
10 area , because of some of the natural features , is
11 around 10 feet . But I want to talk about the aquifer
12 and I want to talk about perched water .
13 There are some formations in the ground
14 that will hold perched water from the irrigation
15 season that is not the actual aquifer . There are
16 some upper level wells -- I think people -- there ' s
17 one on Mr . Dye ' s property , it ' s not a very deep well ,
18 and because it ' s what I believe is on a perched water
19 level , it does not yield at all . It yields so poorly
20 that it ' s basically something that can ' t be used .
21 But we took that into account on our design .
22 When we did our borings , the area of the
23 heaviest soil -- the area of the heaviest soil
24 on—site is this pocket right here . The area -- and
25 that ' s where the primary lagoon is predominantly
20
1 located and most of the secondary lagoon .
2 The area of the groundwater issues is
3 mostly in this soil area here . So there was an
4 important reason why we wanted to try and stay south .
5 We did borings under the primary lagoon for 20
6 feet -- 20—plus feet during the irrigation season ,
7 June and July . I did not find a water problem under
8 the primary lagoon .
9 Under the secondary lagoon , we did borings
10 out about what would encompass about halfway of that
11 secondary lagoon . But I wasn ' t extremely concerned
12 about the secondary lagoon because it ' s only going to
13 be 4 feet deep . And , again , not all of that 4 feet
14 is below the existing grade . We ' ve got a lot of dirt
15 coming off the west end of this site , and that side
16 is going to be built up substantially .
17 Now , the liner standards that we ' re working
18 with and that the State has -- and I ' ve -- I ' ve
19 talked with several agencies , I ' ve talked with our
20 dirt guys , I ' ve talked with our testing labs , and
21 there ' s not an issue with lining these lagoons and
22 the soil types that we have and the groundwater . I ' m
23 extremely comfortable with the location of these
24 lagoons and our liner specifications . I went over
25 the liner seepage numbers .
21
1 Now , as far as seep from the Cactus Hill
2 Ditch , there ' s two areas of shale outcropping . This
3 area marked 64 right here , which is north of where
4 the dairy would be , and this area marked 65 right
5 here , which is actually south of the milk parlor .
6 Our biggest concern there is for the
7 foundation of the milk parlor . And I think some of
8 the neighbors went back to the soil conservation
9 district to have this reassessed and the soil
10 conservation district said , "Yeah , the ground will
11 seep where those shale outcroppings are . Put in a
12 french drain . " And that ' s exactly what we plan to do
13 around the milk parlor .
14 Mr . Coan ' s own letter states -- and I think
15 Mr . Gelvin has some letters that state this effect ,
16 too , I ' m not positive of that -- but Mr . Coan ' s own
17 letter states , once the dairy is built , the soil type
18 under the dairy , itself , becomes irrelevant .
19 And I think he was trying to make the point
20 about prime agricultural lands . But the statement
21 holds true because in research from the doctor ' s
22 report from Colorado College , in that report showed
23 that these feedlot pens and dairy pens , once they ' re
24 constructed , there is no seepage . And that is tight ,
25 compacted soil under the area of the pens .
22
1 And the same thing ' s happening with the
2 compost area . Manure seals ; you get in there and you
3 start compacting . Mr . Coan mentioned , Go out to the
4 sand hills . We ' ve got heavy soil on this site .
5 We have some seep issues under -- near the top of the
6 ditch because the soil will hold that seep at the
7 edge of the shale outcropping . So we have heavy
8 soils to work with on this site . It ' s going to
9 support what we need for the pen foundations , for the
10 compost areas . The lagoon site ' s going to work fine
11 and I don ' t see groundwater issues on this site
12 insurmountable , by any means .
13 COMMISSIONER GEILE : Well , if there is a
14 25—year flood , there ' s been concerns about dewatering
15 the lagoons and where that would occur , and
16 especially if the land is saturated , would that be
17 possible . Can you address that?
18 MR . HAREN : Sure . I think Mr . Eichheim was
19 talking about a discrepancy in the file because I
20 made a comment about a 10—year 10-day storm and the
21 only thing in the file is a 25-year storm .
22 Well , the 25-year storm is a regulatory
23 minimum , so that ' s where we start . The 25-year storm
24 event that we ' ve calculated off of the 78-some acre
25 dairy site is 15 . 3 acres . By regulation , we have to
23
1 contain that . So what if the ground saturated or is
2 frozen? We have to dewater within 15 days in order
3 to regain that 25-year 24-hour capacity .
4 Our lagoon ' s storage capacity is designed
5 for 78 acre-feet of storage . That ' s 5 times a
6 25-year storm , a little more . We have the capacity .
7 The processed wastewater generated at this site is
8 14 acre-feet per year , so the whole year . So we ' ve
9 got more than enough storage to hold all through the
10 winter without applying , whatsoever . So I don ' t see
11 being able to dewater or go through a frozen spell
12 being an issue .
13 Now , the numbers for land , how can we put
14 this much water out on the land? Well , one thing I
15 pointed out was the amount of water that Morwai Dairy
16 uses on 500—some acres . Well , if you look at the
17 ratios , Terry actually has more acres per unit of
18 water than Morwai Dairy did in their primary
19 application site . But there ' s some other important
20 factors . They look at nitrogen numbers as excreted
21 from an animal and then say , Gosh , you ' ve only got 78
22 acres of primary area , 110 total , that you can use?
23 When that manure goes through the facility
24 and gets in the lagoons , you ' ve got considerable
25 losses . And I think in the National Engineering
24
1 Handbook , that was restated by the economist from
2 Colorado College , we have almost half percent -- half
3 of the nitrogen ' s lost in that anaerobic lagoon .
4 Now , when you go through a sprinkler
5 irrigation system , you ' re going to lose about
6 40 percent again . So there ' s considerable nitrogen
7 losses . As a matter of fact , we want to design a
8 system that ' s sustainable for Mr . Dye , so my partner
9 and I run out average rainfall evaporation for 10
10 years .
11 And based on those numbers , in order to
12 maintain a level that ' s manageable in holding a
13 25-year storm , Mr . Dye would only have to dewater
14 about 2 acre-feet on average per year . And the main
15 reason is that secondary pond . We ' re maximizing our
16 evaporation . Like I said , we ' ve got 60-acre -- or 60
17 inches of total evaporation , so land application ,
18 we ' ve got plenty of land to apply on in this case .
19 And we ' ve got plenty of storage capacity for any kind
20 of -- not only , the 25-24 , but larger catastrophic
21 events .
22 COMMISSIONER GEILE : One last question , if
23 I may . 32 tons of compost per day . And I don ' t know
24 how you manage -- manage that , you know . I ' ve got
25 somewhat of an accounting background and you know the
25
1 old management theory of inventory first in and first
2 out , something like -- you know . Anyway , how do you
3 manage 32 tons of compost per day ? And -- number
4 one . Number two , where does it go? Number three ,
5 how many trucks does it take to move that amount of
6 compost off the property , let ' s say every day ? And
7 what kind of trucks ?
8 MR . HAREN : Well , usually our compost --
9 our composting operation is contracted to a
10 composter . And it has -- Terry ' s been working with
11 this gentleman for approximately 10 years --
12 MR . TERRY DYE : 10-plus years .
13 MR . HAREN : He ' s been one of the earlier
14 operations to establish composting . 38 tons is --
15 times 2 , 000 is 6 -- 76 , 000 pounds . A semi-trailer
16 will hold about 50 , 000 pounds . Some of these
17 numbers , when you take the manure numbers and boil
18 them down and when you ' re through with the composting
19 process , you have about 50 percent reduction in
20 volume and close to 50 percent reduction in nitrogen .
21 So you ' re looking at roughly a semi a day , a little
22 more .
23 But the semis don ' t run every day . It
24 takes about three months to compost manure properly .
25 You ' re absolutely right on the accounting ,
26
1 first in , first out . The -- compared to stockpiling
2 manure , which is practiced , I would say , about 70
3 percent of the dairies do this composting , is the
4 most efficient way to manage the manure . And it ' s
5 going to reduce the nuisance factor as much as
6 technologically possible .
7 But you ' re looking at about a truck a day
8 of compost . Now , the trucks don ' t run every day .
9 You ' ll have a couple of trucks one day and then you
10 won ' t have any at all . So it ' s not a daily truck in ,
11 truck out , type thing .
12 Mr . Dye manages this manure on—site . He
13 starts at one end with raw products , spreads it out
14 in windrows , works through the site , and a fully
15 composted windrow is trucked off when it ' s ready .
_ 16 So I hope I ' ve described the process
17 adequately to you .
18 COMMISSIONER GEILE : Well , is there enough
19 land to do it right?
20 MR . HAREN : On the composting , yes . The
21 area of the old composting site , they have short runs
22 and short rows , it ' s not very efficient . When we
23 laid this site out , we wanted to have a long row
24 composting site with good drainage . So this is --
25 this is a very efficient composting area because of
27
1 the length of the rows .
2 COMMISSIONER GEILE : Thank you .
3 CHAIRWOMAN KIRKMEYER : Okay . Dale .
4 COMMISSIONER HALL : On that same subject ,
5 there was a comment earlier that there may not be a
6 market for the compost . I mean , how -- do you have
7 contingency plans , or whatever , as far as making sure
8 you have a place to put that?
9 MR . HAREN : I guess on the marketing of the
10 compost , I think that ' s being related to going to a
11 garden supply or buying bags of compost . We have
12 landscapers that contract and they take this product ,
13 and they take it , you know , as far as a couple of
14 hours away . It ' s not been an issue in the past . I
15 work with probably 25 percent of my clients that do
16 this .
17 Now , they ' re talking about can we always
18 sell it? Right now , we ' re selling it at a
19 break-even . And dairies consider that pretty good
20 for waste management . When you can put this much
21 time and labor and equipment into it and break even ,
22 they ' re doing pretty good . There may be a time in
23 the future where it ' s costing them and they ' re having
24 to pay , compared to solid manure stock piles , there
25 are places that are paying a dollar a ton to get rid
28
1 of solid manure right now . So the market could
2 diminish .
3 Farmers don ' t usually take compost because
4 it doesn ' t have the nutrient loading . It ' s about
5 50 percent less nitrogen per ton than manure . But
6 it ' s one of the best soil amendments and organic
7 materials and water-holding capacities out there . So
8 if our clients have to bear the expense to take this
9 out to farmers and spread it on farm ground , farmers
10 will take it . They ' re not taking it for the nutrient
11 factor . Terry may be spreading it for free .
12 But right now , the market ' s not -- hasn ' t
13 been a problem .
14 COMMISSIONER HALL : And on the groundwater
15 issue , the septic systems of the residential areas ,
16 is that in an area where the groundwater poses a
17 problem?
18 MR . HAREN : The way the septic rules work
19 is you ' ve got to be , I believe it ' s 3 feet above a
20 confining layer . 4 feet . And that can be either --
21 either bedrock or groundwater . What I suspect --
22 we ' re going to be approaching that level in some
23 cases . If -- if we do , you build a mounded system .
24 It ' s pretty common . But I suspect as far as dealing
25 with these issues of groundwater and water
29
1 contamination , all these residences , I ' m going to
2 assume they ' re in the neighborhood , are on septic as
3 well . So it ' s obviously something we can design for .
4 COMMISSIONER HALL : Can you explain , a
5 little bit , your dust plan? There ' s been a lot of
6 comment about dust and how , you know , other livestock
7 in the area have problems with dust . I ' m assuming
8 dairy cows also have problems with dust , so . . .
9 MR . HAREN : Well , actually , dust on a dairy
10 is one of our easiest issues . And specifically with
11 this site , because of its design , this is not a
12 free—style dairy or a high—density dairy , this is an
13 open—lot facility . And because dairy cattle are fed
14 a high forage ration instead of a high concentration
15 ration , the volume of the manure and the moisture of
16 the manure , itself , we typically don ' t have dust
17 problems from the pens in dairy operations .
18 That , along with the fact that dairies
19 harrow their pens almost daily , clean cows , clean
20 milk , they want to keep the pen dry and level and the
21 manure spread out so it dries fast , dust problems
22 aren ' t an issue . So pen density , keeping the pens
23 clean , regular manure removal are the primary issues
24 for dust control .
25 Now , dust on roads and traffic areas , the
30
1 best and the only way to handle that is with
2 sprinkling . We have a dry climate , it gets arid , we
3 have those same issues with county roads . There are
4 some products , Envirotech has products that are out
5 there , there are some products that can be used to
6 control dust on the roadways .
7 Odor , the same thing applies . One of the
8 business things we ' re doing for odor is virtually
9 housekeeping . Manure stock piles aren ' t good .
10 Composting ' s one of the best things you can do .
11 You ' ve got to keep the pens clean . Wet manure
12 smells . Keep the standing water off . Composting .
13 And our land application timing .
14 Air does move from morning to evening ,
15 depending on the heating and cooling of the land . So
16 the best time to apply on the land is in the early
17 morning . By noon , you need to quit land applying .
18 We did our calculations based on flood
19 irrigation , but Mr . Dye uses a side row at his
20 existing dairy and we plan to use a side row on this
21 dairy . If you ' ve ever flood irrigated and then you
22 factor that in with flood irrigating with lagoon
23 water , it ' s not something you can find a lot of
24 people lining up to do , so because of the sprinkler
25 losses that are accompanied -- the nutrient losses
31
1 with sprinkler irrigation and the ease of management
2 we ' ll be putting in a side row which should help
3 timing with our land application as well . We can do
4 it in the morning instead of flood irrigating all day
5 long .
6 Insects and rodents , again , it ' s good
7 housekeeping . You have to eliminate the breeding
8 grounds , eliminate the feed sources .
9 COMMISSIONER HALL : I have just two other
10 questions .
11 CHAIRWOMAN KIRKMEYER : Okay .
12 COMMISSIONER HALL : One of them -- there
13 was a comment about -- or at least in Mr . Coan ' s
14 report , statements that -- written statements that
15 the fire department had some issues as far as
16 hydrants . Have you talked with the fire department ?
17 MR . HAREN : Yes . One of the issues is with
18 access and the other ' s with the hydrants . We ' ve not
19 come across a dairy project where we have not --
20 where we have not been able to work with the fire
21 department on the issue of hydrants . We ' ve never had
22 to put them in for any farming and dairy operation .
23 It hasn ' t been an issue .
24 And I don ' t believe -- I see where you have
25 it conditioned in this , but I think once we ' re
32
1 through working with our plan with the fire
2 department , hydrants will not be required .
3 COMMISSIONER HALL : And then the last
4 question I have right now is the site currently would
5 have a right for 1100 , I think it was , 25 head and
6 you want -- the application ' s for 4 , 000 . And you may
7 have mentioned it in the beginning of your comments ,
8 but can you tell me the reasoning for 4 , 000 .
9 MR . HAREN : Sure . I guess the best point
10 on that , again , is -- is the economist ' s report -- I
11 hate to keep going back to that , but he talks about
12 that , but he talks about citing dairy operations , and
13 they ' re done backwards . People go to a land and put
14 so many cows and then -- and say , "Now , what are we
15 going to do with this manure? "
16 Terry asked me if this was a diary site and
17 how many cows could we have . We did the manure
18 calculations of what the land could accept and then
19 we came back with our numbers of what we thought this
20 site could handle .
21 So the -- those are the numbers we came up
22 with , milking approximately 2 , 000 cows . The other
23 2 , 000 is a combination of dry cows and young stock .
24 We did our calculations from an environmental
25 standpoint and back-calculated how many cows this
33
1 operation could manage . So concerns about someone
2 else buying the property or coming in and expanding
3 it later , we ' ve got a design that we believe , with
4 the current technology and the economics , this is
5 what this site can handle .
6 I guess the issue of the use by right , if I
7 might touch on that , if there was a use by right
8 established , in 5 or 10 years you would probably see
9 a request for a USR on this property , even if it
10 wasn ' t Mr . Dye and someone else was dairying on this
11 property .
12 Going back to your issue on odor , real
13 quick . The state regulations would apply under use
14 by right . And the odor threshold in a rural area is
15 100-to- 1 dilution . With the conditions that are in
16 this application , because of Mr . Dye going through
17 this process , the odor threshold that he will now be
18 regulated by is 15-to- 1 . Considerable difference .
19 And I think the odor that he would be regulated under
20 with 1100 head at 100-to-1 dilution threshold with
21 none of these constraints for odor abatement and
22 odor plans has considerable impact compared to what
23 we ' re agreeing to in these conditions , even with the
24 4 , 000 at permit .
25 CHAIRWOMAN KIRKMEYER : Okay . Questions .
34
1 George?
2 COMMISSIONER BAXTER : I have some -- not
3 very much here , really , but early on I think you
4 talked about -- obviously you mentioned a berm along
5 the south side . Did I hear you right? The area --
6 the plans for that berm were to put trees or
7 something on top of it?
8 MR . HAREN : That is correct . There are a
9 couple of -- of reasons for the berm and one of them
10 is visual . Our location of the dairy is for visual
11 effects and we do have a lot of dirt we ' re moving
12 around . Terry and I talked about that the very first
13 day on the site . I said , " Terry , let ' s put up some
14 visual . " The other thing is for odor . There are
15 some phenomena called cold—air drainage , and the best
16 thing to do with that is disbursion . You need to mix
17 the air and get it high in the atmosphere , and the
18 best way to do that for agricultural operations are
19 trees or other physical features , fences , berms , and
20 we plan to do both .
21 COMMISSIONER BAXTER : And the area of --
22 south of the berm there , that ' s going to be farmed or
23 what was going to happen -- there ' s an area between
24 the berm and the road .
25 MR . HAREN : Those areas are going to be
35
1 left as buffer . We ' re not going to be putting any
2 livestock there . We don ' t need those areas , under
3 normal years , for land application . But Terry ' s
4 going to need to irrigate them so they don ' t end up
5 being barren so we can put wastewater out there . But
6 they will be farmed in some kind of crop . Probably
7 pasture .
8 COMMISSIONER BAXTER : Okay . And down
9 toward the southwest corner , there ' s a ridge that
10 runs across where cattle are being fed now , it looks
11 like .
12 MR . HAREN : Right .
13 COMMISSIONER BAXTER : That area below there
14 is treated the same way , that corner , that triangle?
15 I think the other map probably . .
16 MR . HAREN : I believe you ' re looking at
17 this area here .
18 CHAIRWOMAN KIRKMEYER : Where the old
19 livestock pens were?
20 COMMISSIONER BAXTER : Yes . The area below
21 the pens into that corner , that was asked --
22 MR . HAREN : Right . This corner right
23 there , that will just continue to be farmed . And the
24 pens that are there -- if the dairy ' s approved , the
25 pens that are there , we ' re getting rid of those .
36
1 They ' re old , they ' re not laid out well , there ' s no
2 appurtenances for proper environmental controls , and
3 that whole thing is going to be torn out .
4 COMMISSIONER BAXTER : Judging from the --
5 not only seeing it on—site but that one , the ridge
6 that runs up across that whole thing , it runs out
7 before it gets as far north as where your lagoons are
8 going to actually be , or is it --
9 MR . HAREN : Right . It runs out
10 approximately in the center . There we go . There ' s a
11 ridge that buffers and basically hides this property
12 from the west , but it runs out about the center of
13 the secondary pond . And that -- when I first looked
14 at the site , looking at the ridge to the east and the
15 slope and this -- and this ridge to the southwest , I
16 thought it was an excellent location , and to tuck
17 this dairy down into that location as much as
18 possible just because of the visual effect .
19 Now , we could squeeze the dairy down here
20 on to County Road 84 and be -- and be -- get these
21 lagoons further away from this -- from , I believe ,
22 that ' s Mr . Mullins . But what we tried to do is leave
23 an equal buffer to the south and to the west . We
24 have several hundred feet from each side and we plan
25 to have pasture buffer areas with berms , with trees ,
37
1 so there ' s some setback .
2 COMMISSIONER BAXTER : Okay . There were a
3 couple other questions that you , I think , answered ,
4 but not exactly as they were asked . The site plan
5 change you touched on . Was it -- it was indicated
6 that there was a big change to the north with your
7 site plan . Was that -- you mentioned the site plan
8 was essentially the same but was there a shift , and
9 was there calculations done with the new area , if it
10 was ?
11 MR . HAREN : The site plan that was
12 submitted to the county with this application hasn ' t
13 changed at all . It has not changed at all . I handed
14 out to the neighborhood a site plan in midsummer .
15 And that is this map that shows the area further to
16 the north . It shows the area further to the north .
17 And it showed , originally , the access was further to
18 the west . And the employee housing was up here on
19 Road 86 .
20 CHAIRWOMAN KIRKMEYER : Uhm-hum .
21 MR . HAREN : But Terry and I got to talking
22 and looking , and I was actually in Mr . Eichheim ' s
23 yard when I gave him the plan , and I looked and he
24 pointed out where the compost area would be as far as
25 his vision .
38
1 And after that meeting , my partner and I ,
2 we went back and I talked to Terry and I said ,
3 "Terry , let ' s move this south . Let ' s lower our
4 density on the pens and let ' s squeeze this property
5 up . " So the site that was actually submitted in the
6 USR application is this one .
7 And when you talk about the berm , I guess I
8 was a little incorrect when I pointed out the
9 secondary pond . That berm and those trees come up a
10 little further than half on the secondary pond . I
11 was actually looking at the original old plan .
12 COMMISSIONER BAXTER : Can you identify ,
13 that , please , Lee?
14 MR . MORRISON : Yeah . That ' s Exhibit PP ,
15 and it ' s got the actual new proposed dairy operation .
16 There ' s --
17 MR . HAREN : This -- this is the site plan
18 that was submitted with the application .
19 MR . MORRISON : That ' s the lower of the --
20 that ' s the one closest to the aerial map of the
21 overlays .
22 MR . HAREN : It shows the entrance coming in
23 on the high point of the hill , basically on the west
24 side of the dairy , and an entrance from the south .
25 This shows the dairy --
39
1 MR . TERRY DYE : Tom , you misspoke . Is it
2 okay if I jump --
3 CHAIRWOMAN KIRKMEYER : If you wish to speak
4 on these , you come up to the microphone and identify
5 yourself and then make your comments .
6 MR . HAREN : I ' m sorry . When Terry and I
7 sat down and we squeezed this site up , we moved the
8 entrance from the east , which was right across from
9 Mr . Sewald ' s house , I told Terry , after we looked at
10 it , I said , "That ' s not going to work . "
11 So we moved it to the west on the high
12 spot , actually gives us better site distance in both
13 directions . So the map that we ' re referring to that
14 was submitted with the application is this bottom map
15 on Exhibit --
16 CHAIRWOMAN KIRKMEYER : Okay , just a second .
17 What ' s going on here? This is really pretty
18 distracting .
19 MS . CHESTER : Sorry .
20 CHAIRWOMAN KIRKMEYER : Your microphone
21 isn ' t working? What ' s happening?
22 THE CLERK : Earlier , Mr . Morrison
23 inadvertently referred to that as Exhibit PP . That
24 is a new exhibit and it needs a new number .
25 MR . MORRISON : Well , where did it come
40
1 from?
2 THE CLERK : It ' s been there since this
3 hearing started . I don ' t know who brought it up .
4 COMMISSIONER BAXTER : Someone from the
5 audience put it on there , if I remember right .
6 MR . HAREN : This was an exhibit that was
7 brought up here during Mr . Mullins ' testimony .
8 MR . MORRISON : Well --
9 CHAIRWOMAN KIRKMEYER : Okay .
10 MR . MORRISON : What is it -- what ' s the
11 difference between this and PP? Between now and --
12 CHAIRWOMAN KIRKMEYER : A bunch of red and
13 green lines .
14 MR . HAREN : What happened was , it seems
15 there ' s -- there ' s some confusion . I submitted a
16 letter to one of the neighbors , Sonja Stonestreet ,
17 about the employee housing . We moved the employee
18 housing from Road 86 down here to north of and
19 adjacent to the milking parlor . We wrote her a
20 letter describing that and she said , "Well , I can ' t
21 picture it . Can you give me a map? "
22 So - I don ' t do most of the auto CAD in
23 our office . I pulled up a map , drew two squares on
24 it representing mobile homes , and gave it to her as
25 an attachment to her letter . It was not intended to
41
1 be a site plan for the application . That was in the
2 county file , that was extrapolated by Mr . Mullins to
3 say , " Uh—oh , we have a new site plan . " And that
4 wasn ' t the case .
5 CHAIRWOMAN KIRKMEYER : Maybe I can help
6 clear this up . First of all , we need to get the
7 exhibit correct .
8 MR . MORRISON : All I want to know is where
9 on earth this came from . I assumed this was
10 Exhibit PP and I don ' t know who sponsored this
11 originally .
12 CHAIRWOMAN KIRKMEYER : Okay . Do we have an
13 Exhibit PP down there on one of those other maps ?
14 MR . MORRISON : Exhibit PP is essentially
15 the same . It ' s right here . And it shows the houses .
16 And this is the one that Mr . Eichheim then added some
17 labeling to .
18 CHAIRWOMAN KIRKMEYER : I think maybe it --
19 okay .
20 MR . MORRISON : What I -- what I did not
21 realize is that someone stuck a new one up here
22 without indicating it was a new exhibit . And I need
23 to know who sponsored that .
24 CHAIRWOMAN KIRKMEYER : Okay . Mr . Mullins .
25 MR . MULLINS : Yes , ma ' am .
42
1 CHAIRWOMAN KIRKMEYER : Were you the one who
2 stuck that map up there and put that over the top?
3 MR . MULLINS : Yes . I didn ' t realize we
4 have to identify it . I put it there so I could --
5 CHAIRWOMAN KIRKMEYER : Time out . If I
6 could get you to come up to the microphone first .
7 Thank you . And would you just identify yourself ,
8 please .
9 MR . MULLINS : I ' m Keith Mullins .
10 CHAIRWOMAN KIRKMEYER : Okay . The map that
11 is directly behind you there with the new overlay
12 that -- what you thought was the site plan , you put
13 that up there as an exhibit ?
14 MR . MULLINS : Yes , ma ' am .
15 CHAIRWOMAN KIRKMEYER : Okay . Thank you .
16 So we need to label that exhibit ?
17 MR . MORRISON : That will be triple L . Now ,
18 what -- apart from what I see , there ' s more houses
19 added in there that weren ' t -- that isn ' t on PP , but
20 what ' s the difference between that and PP?
21 MR . MULLINS : Well , the map is basically
22 the same . I was trying to show the -- I took the map
23 from Mr . Eichheim . I was trying to show the overlays
24 to show that there were two different site plans . I
25 had no idea how it had happened but . . .
43
1 CHAIRWOMAN KIRKMEYER : Okay . Do you have
2 any other questions for Mr . Mullins ?
3 MR . MORRISON : No . But just indicate for
4 the record that when I had , with Mr . Haren , the
5 colloquy about the exhibit , that should have referred
6 to Exhibit LLL , not Exhibit PP .
7 CHAIRWOMAN KIRKMEYER : Okay . And I think
8 maybe I can clear up this whole thing with the site
9 plan . And you had a map that you handed out in the
10 summertime to the surrounding neighbors , but the
11 original site plan that was put in with the
12 application actually does not show an increase in the
13 composting area or reduces the farmable land , which
14 was the testimony by Mr . Mullins . You actually
15 decreased the composting area from the map in the
16 summer , to the one that ' s actually with the
17 application?
18 MR . HAREN : Correct .
19 CHAIRWOMAN KIRKMEYER : Okay . Does that
20 answer your question , George?
21 COMMISSIONER BAXTER : Yeah , that basically
22 clears it up . I think it needed cleared up , though .
23 CHAIRWOMAN KIRKMEYER : I guess there was
24 just a question to the sequence to which map was
25 actually put in .
44
1 COMMISSIONER BAXTER : Yeah . If there was ,
2 indeed , on that other question .
3 CHAIRWOMAN KIRKMEYER : All right . Did you
4 have another question?
5 COMMISSIONER BAXTER : I think the others
6 have basically been answered .
7 CHAIRWOMAN KIRKMEYER : Okay . Glenn .
8 COMMISSIONER VAAD : First of all , on the
9 composting --
10 CHAIRWOMAN KIRKMEYER : I ' m sorry .
11 AUDIENCE MEMBER : If it would be possible ,
12 I think I can explain where some of the confusion
13 about the two site plans came from . The --
14 CHAIRWOMAN KIRKMEYER : No , that ' s okay .
15 We ' re -- we ' re actually not in public hearing at this
16 point . The only question we ' re having was about
17 where --
18 AUDIENCE MEMBER : That was the site plan
19 that Julie Chester put up the beginning of Wednesday
20 to show the new trailer location .
21 CHAIRWOMAN KIRKMEYER : Okay . Glenn .
22 COMMISSIONER VAAD : Tom , for your
23 composting , what will be your source of carbon , and
24 the volumes , and how you will get that there?
25 MR . HAREN : We ' re pretty lucky with dairies
45
1 because we don ' t -- the high forage ration , we don ' t
2 have to bring in a lot of carbon . The carbon that
3 comes in would be from bedding that is used for the
4 livestock . So we find that that ' s sufficient to
5 compost the manure as it is without bringing in any
6 kind of additional sawdust or carbon source .
7 The manure , itself , has almost enough , and
8 then the bedding material , once that ' s added , usually
9 straw , sometimes shavings , but --
10 COMMISSIONER VAAD : So you don ' t anticipate
11 importing any carbon source for the composting?
12 MR . HAREN : Not for the purposes of
13 composting .
14 COMMISSIONER VAAD : Okay . And then I ' d
15 like you to rehearse for me once again the storage
16 capacity for a 25—year 24—hour storm . Show me the
17 area for which you ' ll have to provide that . And you
18 mentioned 78 acre—feet as being something in excess
19 of five times the required amount . Would you go
20 through that again .
21 MR . HAREN : The state regulations require
22 that any stormwater that comes in contact with
23 bedding , manure , spilled feed stuffs , must be
24 contained . That ' s the area encompassing all of the
25 composting , all of the pens , anything from the
46
1 milking parlor ; so basically from the composting area
2 to the milking parlor to this berm , down to and
3 including stormwater that falls on the surface of the
4 lagoons .
5 COMMISSIONER VAAD : Okay .
6 MR . HAREN : That is 15—some acre—feet .
7 COMMISSIONER VAAD : 15 acres .
8 CHAIRWOMAN KIRKMEYER : 15 acre-feet ,
9 approximately .
10 MR . HAREN : No , 15 acre-feet of stormwater
11 volume . The area of runoff -- let me -- let me get
12 to my exhibit .
13 The surface area in the drainage basin is
14 78 acres . The minimum retention capacity required is
15 15 . 3 acre-feet . And that ' s where the 25-year 24-hour
16 storm comes in . The 25-year 24-hour storm for this
17 area , based off the maps that come out of the
18 National Engineering Handbook that we ' re required to
19 use , is 3 . 4 inches . We factor in a runoff curve for
20 how much of that actually runs off the site because
21 not all of it runs off .
22 So we make that calculation for 78 acres
23 and come up with the number 15 . 3 acre-feet . Now , we
24 look at additional volume required . That additional
25 volume required is miscellaneous water and stormwater
47
1 that falls on the surface of the lagoons . And then
2 the other numbers have to do with the processed water
3 that comes into play .
4 So we come up with 19 . 1 total retention ,
5 structure volumes required , including the stormwater
6 that falls directly on the pond . I think I left that
7 out of my previous numbers . We have a retention
8 structure design . When we look at Terry ' s management
9 system and his processed wastewater and his land
10 application -- we see that land application comes
11 into play when we design lagoons . Also the sizing of
12 the lagoons play a lot into not only storage , but
13 odor control .
14 Our primary lagoon , we want to facilitate
15 an anaerobic process , but that anaerobic process , if
16 you let it go septic , can cause odor problems , so
17 that lagoon has to be deep enough to still allow a
18 facultative and anaerobic layer to prevent odor , but
19 you want the surface area small .
20 The secondary lagoon , you want to maximize
21 evaporation , so that ' s why the secondary lagoon is so
22 large and so shallow .
23 But we have considerable storage capacity
24 to get Mr . Dye through any of Colorado ' s historic
25 weather , freezing , and saturation periods .
48
1 COMMISSIONER VAAD : So the total capacity
2 is 78 . 3 acre-feet ? I was looking at the chart you
3 just took down .
4 MR . HAREN : Sure . The -- it ' s a little
5 blurry , but the secondary pond capacity is 35
6 acre-feet alone , the primary pond capacity is 37
7 acre-feet alone , and the settling basin capacity is
8 5 . 2 acre-feet .
9 So I believe the total is seventy- --
10 CHAIRWOMAN KIRKMEYER : 78 approximately .
11 MR . HAREN : -- 78 .
12 COMMISSIONER VAAD : So if I understand that
13 right , the capacity , if they were empty , is 78 . 3
14 acre—feet .
15 MR . HAREN : Correct .
16 COMMISSIONER VAAD : But they have liquid in
17 them . That ' s what makes this work .
18 MR . HAREN : Yes . Yes .
19 COMMISSIONER VAAD : So now when we talk
20 about the capacity for a 25-year 24-hour storm , it
21 isn ' t 78 . I mean , that ' s going to be added on top of
22 that .
23 MR . HAREN : No . It ' s added on top . That ' s
24 why the lagoons don ' t equal the 25-year 24-hour
25 storm . We have to have additional capacity for the
49
1 water that ' s already in the lagoons , assuming there ' s
2 some operational level that needs to be maintained
3 for the proper operation of the primary pond , and
4 then we have to have additional capacity for the
5 25—year storm : 15 acre—feet .
6 COMMISSIONER VAAD : Okay . If I can
7 continue on this . We had an exhibit , which I won ' t
8 attribute a lot of credibility to , it wasn ' t marked ,
9 it was -- someone filled out a -- let ' s see -- a
10 Sybraun Taylor ( phonetic ) form . I don ' t have the
11 number that that was assigned to . I ' m sure Counsel
12 can give us that .
13 But it purported to show -- well , it starts
14 out by saying -- well , the address is 40907 Weld
15 County Road 7 , Weld County , State of Colorado , time
16 observed , 6 : 30 a . m . , and I assume that ' s each of the
17 days of the month , and 1999 .
18 MR . MORRISON : Is that the rainfall ?
19 CHAIRWOMAN KIRKMEYER : Yes .
20 MR . MORRISON : Okay . I believe that was
21 Mr . Eichheim , Exhibit RR .
22 COMMISSIONER VAAD : Okay . And , anyway , I
23 believe -- and I can ' t figure out the chart that
24 closely anyway , but I remember comments at that time
25 that this is an area -- an isolated area that gets a
50
1 remarkably higher than average amount of rain . And
2 you said you had to go to a national book that listed
3 3 point some inches . And , in fact , I remember -- I
4 don ' t remember which year , but of the Spring Creek
5 rain .
6 MR . HAREN : Yeah , the Fort Collins flood .
7 COMMISSIONER VAAD : Yeah . And that was
8 approaching a foot of rain , I think . So given that
9 something like that were to occur in this area , and I
10 realize that , and I ' ve known that over my time on the
11 planning commission and here , that we require the
12 25-year 24-hour flood , and that if something goes
13 haywire and Mother Nature -- and we have more than
14 that , why , we just have to deal with that . But I
15 mean , half the property would have to be dedicated to
16 some kind of a retainage system to hold that kind
17 of -- that seems to me .
18 Do you want to comment on that?
19 MR . HAREN : Sure . The state regulations
20 and National Engineering Handbook have a document
- 21 that they say this is what you use to design with ,
22 and that ' s where we start .
23 COMMISSIONER VAAD : Right .
24 MR . HAREN : We ' ve got sheets of Colorado
25 specific data from Nolan Dosekin at the Foothills
51
1 Campus at the Colorado State University . He ' s the
2 state climatologist . And Nolan -- he provides disks
3 of all the data in the state . I think some of the
4 closest data that we use isn ' t site specific to this ,
5 but he ' s got Greeley and he ' s got Fort Collins , and
6 we interpolate between those -- that data , but we
7 have to have some standard to design to . And the
8 state requirement is 25-24 .
9 My experience with dairy management , land
10 application , and the fact that the rain doesn ' t come
11 in 24 hours , sometimes it comes 1 inch in one day and
12 2 inches the next day , we ' ve had irregular weather
13 patterns in ' 95 , in ' 97 .
14 My engineering company has changed our
15 standard beyond the 25-year 24-hour storm because of
16 that fact . So there ' s a safety margin built in
17 beyond what ' s required , but obviously we have to stop
18 somewhere or we ' d have a whole site of lagoons .
19 COMMISSIONER VAAD : I believe it to be true
20 that you do take a conservative approach and I
21 appreciate that , and so I wasn ' t in any way
22 questioning that . I just wanted to have this
23 discussion .
24 MR . HAREN : Thank you .
25 COMMISSIONER VAAD : Thank you .
52
1 COMMISSIONER BAXTER : Follow-up on that .
2 That brought to mind another question that was asked .
3 Well , there ' s two of them .
4 If you ' re having to control it on that
5 area , is there some way to keep -- have you got a
6 plan for some way to keep foreign water , say , from
7 the north from running onto the facility to add to
8 that?
9 MR . HAREN : Correct . These lagoons are
10 expensive to build . I don ' t want Terry to contain
11 any more water than he has to . So during our
12 construction , we will berm , ditch , divert , dike , any
13 water that comes around the top end of the
14 feedyard -- or the dairy , the compost area . And ,
15 again , I go back -- to also looking into the french
16 drains for the Cactus Hill Ditch . Terry doesn ' t need
17 to contain any water that ' s not contaminated with
18 manure .
19 COMMISSIONER BAXTER : Well , to carry that a
20 little further , so -- we had some testimony about the
21 water coming off of this particular property -- and
22 my memory is it ' s toward the north part of the
23 property -- would go across into a drainage and into
24 some wetlands and into all that . Now , is that
25 portion of -- of runoff that was being talked about ,
53
1 is that the part that would be kept away from and not
2 go through the facility ?
3 MR . HAREN : This -- the low spot in this
4 facility ' s in approximately this location . Now , the
5 side slopes in this direction , to the southwest . And
6 I believe there ' s a topo map in the manure management
7 plan which shows USGS topo contours of this site .
8 We looked for southern exposure , and
9 orienting this site further north and turning it to a
10 southwesterly-northeasterly direction , but we didn ' t
11 because of that very fact . A lot of this field ,
12 everything drains southwest and to this point . The
13 southern portion drains west and once it hits this
14 ridge , will drain to this point as well .
15 Now , that ' s something we can handle . We ' re
16 taking this whole part and putting it under our
17 stormwater containment system . Now , this part of the
18 site drains from the crop area through here . And the
19 land application requires if you flood irrigate , you
20 do have to have tailwater pits . Flood irrigation is
_. 21 just not a very exacting method to handle a lagoon
22 application .
23 So we do plan to put in a side row , but in
24 addition -- and especially after seeing the pictures
25 of the sediment and everything on the county road ,
54
1 this berm proposed in this area is going to contain a
2 lot of that that would come off and run across and
3 cause problems , but again , we ' re containing water by
4 the berm that ' s coming off the cropland . We ' re not
5 required to contain that water .
6 COMMISSIONER BAXTER : That was my point .
7 Is it crop drainage off of cropland or is it out of
8 the --
9 MR . HAREN : Yes . It ' s drainage out of the
10 cropland . We will be containing most of that as
11 well , but we ' re not required to .
12 CHAIRWOMAN KIRKMEYER : Okay . Any more
13 questions ? I just have a couple .
14 There were also some questions , or comments
15 brought up about diseases between cattle and sheep
16 and the instances of those diseases . And I ' m looking
17 at the letter from Joan Bowen , DVM , dated
18 September 22d , 2000 . She talks about two diseases ,
19 Johnes disease and bovine virus , diarrhea complex .
20 To your knowledge , does -- has our state enacted any
21 control programs for those diseases ?
22 MR . HAREN : Boy , I ' d have a hard time
23 answering to those . They do a lot of Johnes research
24 and a lot of Johnes testing , and from what I can
25 gather -- and Mike Katsampes , Mr . Dye ' s vet , he ' s one
55
1 of the few dairies in the state that is Johnes free ,
2 his existing Dyecrest Dairy . That ' s -- that ' s about
3 all I can point to on the diseases .
4 I did note -- there was a lot of
5 discussion , there ' s a Johnes committee or Johnes task
6 force , I believe it ' s a national task force , and the
7 comments in this letter about airborne contamination
8 of these diseases , I believe in the veterinarian ' s
9 testimony yesterday , she didn ' t allude to that . And
10 after the letter was submitted , it was passed around
11 Colorado State University and there is no evidence or
12 no documentation , it ' s completely unfounded that the
13 disease is transported airborne . And she did not
14 testify that it was yesterday . That was completely
15 omitted from her testimony .
16 CHAIRWOMAN KIRKMEYER : Okay . I ' m not going
17 to refer to the letter that we received . It was the
18 last thing from Brent Coan about dairy mitigation
19 lists from the neighborhood . And you ' ve covered most
20 of the items in here -- or several of the items in
21 here .
22 One of the first items , though , it talks
23 about the Cactus Hill Ditch and they ' re requesting
24 that it be concrete lined .
25 MR . HAREN : Yes .
56
1 CHAIRWOMAN KIRKMEYER : Would you like to
2 address that , please .
3 MR . HAREN : We ' ve looked into the Cactus
4 Hill Ditch and we ' ve looked at the location of our
5 structures that would have problems with groundwater
6 seepage from that ditch . It ' s primarily the milking
7 parlor . We believe we can handle our design with
8 french drains on the dairy . Lining the Cactus Hill
9 Ditch would be a next alternative . It would be
10 expensive . It ' s an option , but I think french drains
11 will take care of the issue .
12 CHAIRWOMAN KIRKMEYER : Okay . One other
13 comment in here -- and you did say there is going to
14 be a berm on the west side , Road 15 side?
15 MR . HAREN : Correct .
16 CHAIRWOMAN KIRKMEYER : Okay . For the
17 County ' s perspective , it will be back far enough to
18 prevent a snowdrift buildup on Weld County Road 15 ,
19 correct?
20 MR . HAREN : We will have that back far
21 enough for the County ' s right-of-way and snowdrift .
22 We ' ll probably work with the soil conservation and
23 NRCF on the location and the trees for those berms .
24 CHAIRWOMAN KIRKMEYER : Okay . The overhead
25 lights , are they directed in a downward position or
57
1 are they -- will the lighting go outward? That ' s one
2 of the other comments here about all overhead lights
3 must be shielded to direct the light downward and not
4 outward .
5 MR . HAREN : We need to see where they ' re
6 walking . If the lights are overhead , they ' re
7 directed downward .
8 CHAIRWOMAN KIRKMEYER : Okay . Back to the
9 irrigation ditch . The ones -- they want you to
10 identify the location of the buried irrigation pipe
11 that is fed by gate 15 of the Cactus Hill irrigation
12 ditch . And then there are some other comments here
13 also , and I think it was Mr . Eichheim who brought up
14 about installing a grade buried 15—inch irrigation
15 pipeline for the lateral that ' s on the southwest
16 portion of the property . Are there easements for
17 those ditches , or those laterals ?
18 I mean , Mr . Eichheim , all he could say was
19 that there was a recorded agreement , but it was a
20 right to flow agreement and I didn ' t hear anybody say
21 that there was an actual easement for those .
22 MR . HAREN : There ' s nothing on the deeds of
23 Mr . Dyecrest ' s property -- or Mr . Dye ' s property that
24 we turned up . But when I was on-site showing
25 Mr . Eichheim around , he pointed out his irrigation
58
1 structures and where we impact those structures , such
2 as our entrance with truck traffic . We told him we
3 would improve those and not impede his water , and we
4 actually have , I believe , already put in a culvert
5 there .
6 MR . TERRY DYE : Done .
7 CHAIRWOMAN KIRKMEYER : Okay . Thank you .
8 One of the other comments here -- and I think you ' ll
9 have to do this anyway -- is that you have to comply
10 with any changes to the CAFO regulations . So as
11 they ' re updated , you obviously have to update and
12 make sure that you comply with CAFO regulations .
13 MR . HAREN : That ' s correct .
14 CHAIRWOMAN KIRKMEYER : I thought so .
15 And their last comment here is consistent
16 with the Hirsch Dairy process -- and this will be
17 something that the board would also have to
18 discuss -- is they ' re requesting that the Board of
19 County Commissioners have a final review and approval
20 after the public hearings of the manure management
21 plan , processed wastewater , stormwater management
22 plan , dust abatement plan , fly control plan and odor
23 abatement plan .
24 Do you have any comments about that ?
25 MR . HAREN : Typically what happens is we
59
1 turn in the final plan to Trevor Jiricek of the
2 county health department , and the state health
3 department . These two agencies have experience
4 reviewing these plans , they have engineers and people
5 that can certify our designs . Historically , I felt
6 that those two agencies ' expertise is adequate .
7 CHAIRWOMAN KIRKMEYER : All right .
8 Any other questions from the board?
9 COMMISSIONER BAXTER : Yes . Quickly -- I ' m
10 sorry , I skipped one -- I think it wasn ' t completely
11 answered that Mr . Coan brought up . You talked about
12 the water supply , and he had some pretty big numbers .
13 And you said that really all you have to do is do the
14 infrastructure , if I remember your testimony right ,
15 400—some thousand dollars worth of infrastructure ,
16 and then you buy the water , so much per thousand
17 gallons . Now --
18 MR . HAREN : Right .
19 COMMISSIONER BAXTER : -- in most cases ,
20 when you get a tap or at least you get the water , you
21 have to supply water , buy water , and I felt that was
22 what he was saying , that you would have to buy so
23 many shares of water or something , and it would be --
24 you didn ' t really answer that .
25 MR . HAREN : That hasn ' t been brought up by
60
1 the water district in the way they priced the water
2 to us . Terry went to the district and said , " Here ' s
3 my design , here ' s what I need for water . I need -- I
4 believe it ' s 80 gallons per minute . "
5 MR . TERRY DYE : They cut that down to 50
6 because the --
7 MR . HAREN : Okay . 50 gallons per minute .
8 He ' s got to pay for the infrastructure upgrade and
9 that ' s the 400 , 000 . To get his water , they told him
10 it was going to cost him a buck forty—eight per
11 thousand gallons . And --
12 COMMISSIONER BAXTER : He was never told
13 that he needed to buy any shares of water or anything
14 to make this up?
15 MR . HAREN : No .
16 CHAIRWOMAN KIRKMEYER : Has Mr . Dye
17 purchased any shares ?
18 MR . HAREN : No .
19 CHAIRWOMAN KIRKMEYER : Okay . I ' m looking
20 at the record , and this is -- just for the board --
21 this is 13 of 24 . I don ' t know what paragraph this
22 is , but it ' s down -- but it talks about the district
23 recommends the anticipated water usage be purchased
24 through the district . The district guarantees
25 treatment and delivery of water purchased . But it
61
1 also says the district requires that 1 acre-foot is
2 purchased .
3 So we are anticipating that he is going to
4 purchase that 1 acre-foot .
5 MR . HAREN : He does own 1 acre-foot .
6 CHAIRWOMAN KIRKMEYER : Oh , he does own the
7 1 acre—foot of water .
8 MR . HAREN : He did not purchase additional
9 water since he purchased the site .
10 CHAIRWOMAN KIRKMEYER : Okay . Thank you .
11 All right . Any other questions ?
12 My last question , then , for you : Have you
13 had the opportunity to review all the conditions of
14 approval and development standards ?
15 MR . HAREN : Yes , we have .
16 CHAIRWOMAN KIRKMEYER : Did you have any
17 comments or questions about any of those?
18 MR . HAREN : One minor comment . I believe ,
19 when it talks about the time limit for recording the
20 plat , the clerk to the board has changed their
21 template that they used -- we went through this with
22 Ms . Chester in a previous case -- it says 30 days .
23 Historically operations of this nature we ' ve gone up
24 to 180 days to record the plat .
25 CHAIRWOMAN KIRKMEYER : So you ' d like that
62
1 changed to within 180 days ?
2 MR . HAREN : Correct .
3 CHAIRWOMAN KIRKMEYER : Okay . Any other
4 comments ?
5 MR . HAREN : No .
6 CHAIRWOMAN KIRKMEYER : All right , thank
7 you .
8 All right . Does the board have any
9 questions of either planning , public health , or
10 public works department?
11 COMMISSIONER GEILE : May I , Madam Chair?
12 CHAIRWOMAN KIRKMEYER : Sure , Commissioner .
13 COMMISSIONER GEILE : If I could , to the
14 public health department , going to Mr . Coan ' s letter
15 dated December 12th that you handed out today ,
16 page 6 , paragraph 4 ( b ) , last -- actually , last
17 sentence on that page where it says , The public will
18 have an opportunity to comment on the same , and then
19 it goes on : The fact that the planning commission is
20 requiring a dust abatement plan , fly control plan ,
21 odor control plan and also manure and management
22 waste plan prior to recording the final plat
23 indicates the application material submitted by the
24 applicant attempting to address these issues are
25 inadequate at this time .
63
1 Can you give me an opinion if the dust
2 abatement plan , fly control plan , odor control plan ,
3 manure and waste management plan are complete?
4 MR . JIRICEK : Trevor Jiricek , Department of
5 Health and Environment .
6 We have not reviewed these plans in detail .
7 I have scanned them , they do appear to be consistent
8 with what we ' ve approved for other similar
9 facilities .
10 COMMISSIONER GEILE : What would happen if ,
11 after reviewing them , if we were to approve this
12 today , you find they ' re not complete?
13 MR . JIRICEK : That ' s addressed through a
14 condition of approval . We would submit comments back
15 to the applicant and -- and have them amend the plan
16 appropriately until we found it to be complete .
17 CHAIRWOMAN KIRKMEYER : Not only complete
18 but approved . And that ' s condition of approval
19 No . 2 , which is prior to recording the plat they have
20 to have all these plans and they have to be reviewed
21 and approved by the department .
22 MR . JIRICEK : That ' s correct .
23 CHAIRWOMAN KIRKMEYER : So they can ' t even
24 record the plat until they get an approved plan?
25 MR . JIRICEK : That ' s correct .
64
1 COMMISSIONER GEILE : I wanted this for the
2 record , if I may , Madam Chair .
3 CHAIRWOMAN KIRKMEYER : Sure .
4 COMMISSIONER GEILE : On page 7 of the
5 agreement under 6 ( h ) , last sentence , Additionally ,
6 the applicant does not have enough land for proper
7 nutrient management . Can you comment on that ,
8 please ?
9 MR . JIRICEK : Again , preliminary review of
10 the plan by our department suggests that they do have
11 adequate area for both proper nutrients and that they
12 can comply with the state rules regarding soil and
13 groundwater conditions at the site for this type of
14 use .
15 COMMISSIONER GEILE : I have just one last
16 question , if I may --
17 CHAIRWOMAN KIRKMEYER : Sure .
18 COMMISSIONER GEILE : -- to Mr . Carroll .
19 There was testimony presented that there
20 might have been an improvement district created at
21 one time to pave , I think , it ' s Road -- is it 15 ?
22 MR . CARROLL : Yes . Don Carroll , County of
23 Public Works .
24 COMMISSIONER GEILE : Can you comment on
25 that , please?
65
1 MR . CARROLL : Approximately in 1992 , the
2 improvement district was put together with the
3 landowners and Anheuser Busch . It was paved . Weld
4 County Road 15 was paved from State 14 north to the
5 entrance of the Anheuser Busch property , and also
6 west from the intersection of 15 and 84 for one mile .
7 This was an improvement district where
8 adjacent property owners were assessed and also
9 Anheuser Busch was assessed . Usually it runs for 10
10 years with the property .
- 11 COMMISSIONER GEILE : It runs for 10 years ,
12 who ' s responsible for maintaining that road --
13 CHAIRWOMAN KIRKMEYER : Hold it . Wait a
14 second . They have the opportunity -- if the
15 assessment is done , they have an opportunity to hold
- 16 that out over 10 years or pay that out over 10 years .
17 MR . CARROLL : That ' s correct .
18 CHAIRWOMAN KIRKMEYER : There ' s only a
19 one—time assessment .
20 MR . CARROLL : That ' s correct . They have
21 opportunity , and I believe the number 3500 was
22 mentioned to pay that upfront after the completion of
23 the pavement , or to spread it out over 10 years .
24 COMMISSIONER GEILE : Do you have any
25 statistics which shows the volume of traffic on that
66
1 road? It might have been presented somewhere in
2 these proceedings over the last three days , but do
3 you have any --
4 MR . CARROLL : We do have traffic counts ,
5 yes .
6 COMMISSIONER GEILE : Could you tell us
7 what they are , please .
8 MR . CARROLL : Okay . On Weld County
9 Road 15 , we ' re showing 122 in a 24-hour period , and
10 on Weld County Road 84 we ' re showing 108 .
- 11 COMMISSIONER GEILE : Whereabouts on Road --
12 Weld County Road 84? Going west off 15 or where?
13 MR . CARROLL : From the intersection going
14 east . I ' m counting the mile that -- where the main
15 entrance would be .
16 COMMISSIONER GEILE : Give that number one
17 more time . Excuse me .
18 MR . CARROLL : It would be from the
19 intersection of 15 and 84 east .
20 COMMISSIONER GEILE : And what is that
21 number , again?
22 MR . CARROLL : 108 .
23 COMMISSIONER GEILE : As far as the
24 improvement district that was created , when was the
25 work completed?
67
1 MR . CARROLL : I ' m assuming it was completed
2 the same year that the improvement district was
3 created .
4 COMMISSIONER GEILE : Was a condition of
5 creating the improvement district that the County
6 would maintain the road?
7 MR . CARROLL : That ' s correct .
8 COMMISSIONER GEILE : And improve the road
9 if there were changes in the conditions of -- the
10 traffic conditions which might take it up a
11 condition --
12 MR . MORRISON : All the improvement district
13 does is a one—time improvement , which is petitioned
14 for and specifically outlined in the board ' s
15 approval . It doesn ' t change status within the county
16 road system and so it goes -- you know , goes back
17 into the consideration of the road --
18 COMMISSIONER GEILE : The only point I ' m
19 getting at , Counsel , and I ' m sure the answer is no ,
20 but I just -- if there is something that occurs in
21 that traffic pattern , land use change , it would add
22 significant traffic to that arterial -- or I mean , to
23 that road . Is there anything which would cause or
24 could trigger that agreement to require those people
25 to make a contribution to that improvement district?
68
1 MR . MORRISON : No . No .
2 COMMISSIONER GEILE : Just wanted to make
3 sure it was . . Thank you .
4 CHAIRWOMAN KIRKMEYER : New improvement
5 district would have to be formed .
6 MR . MORRISON : Well , right , but that ' s not
7 an automatic process .
8 CHAIRWOMAN KIRKMEYER : No .
9 MR . MORRISON : And it ' s not automatic under
10 the existing district .
11 CHAIRWOMAN KIRKMEYER : And as with regard
12 to a special improvement district , did the County
13 participate in the funding of the upgrade of -- to
14 pavement on Weld County Road 15 and 84 ?
15 MR . CARROLL : Lee might be able to help me
16 with this one , I really don ' t remember .
17 MR . MORRISON : I ' ve been trying to find it
18 in the system and haven ' t been able to pull up the
19 agreement -- or the resolution . But typically the
20 County sets -- or accepts an agreement that the cost
21 will not exceed an amount , and so it depends on what
22 the final costs were , whether there was any direct
23 contribution as to the improvements .
24 The other part of that is there is a cost
25 that the County assumes that they could assess but do
69
1 not , which is for the engineering , the legal work ,
2 the clerical work involved in setting up the project .
3 So there was some County contribution . I don ' t know
4 if there was any to the actual paving , but there was
5 in terms of the process expenses .
6 CHAIRWOMAN KIRKMEYER : Okay . Thank you .
7 COMMISSIONER GEILE : And if I could just
8 ask one more question to staff .
9 CHAIRWOMAN KIRKMEYER : Sure .
10 COMMISSIONER GEILE : Maybe to the planning
11 department . There ' s not a condition of approval or
12 any reference about being able to obtain the
13 necessary water to run this operation . Could you --
14 and maybe I missed it .
15 MS . CHESTER : I believe it ' s in the
16 development standards . I ' m just looking for it real
17 quick .
18 It isn ' t in the development standards but
19 we could add a development standard as --
20 COMMISSIONER GEILE : I ' m sorry ? It ' s not
21 in the development standards ?
22 MS . CHESTER : No , I ' m not finding it , so if
23 it ' s not , we could add a development standard that
24 says that the facility will -- let me just think of
25 some language -- but will obtain water from North
70
1 Weld Water District in compliance with their
2 agreement .
3 COMMISSIONER GEILE : So that means if they
4 can ' t attain the water then they don ' t go forth with
5 the project ?
6 CHAIRWOMAN KIRKMEYER : Well , if they can ' t
7 obtain the water they won ' t be going forward with the
8 dairy . But it ' s already in the application materials
9 that they ' ve already met that condition .
10 MS . CHESTER : That ' s correct . I ' m -- as
11 far as staff is concerned , they met the condition on
12 providing adequate water , but they have to obtain
13 that water and they can ' t proceed without the water ,
14 so --
15 COMMISSIONER GEILE : Is it appropriate or
16 inappropriate to make that a condition of approval ?
17 MS . CHESTER : I think we could ask , even
18 prior to recording the plat , that they give us some
19 type of evidence that that water ' s been secured . I
20 can add a condition . I have some other conditions
21 I ' d like to add , too .
22 COMMISSIONER GEILE : Thank you .
23 CHAIRWOMAN KIRKMEYER : Okay . I ' m not sure
24 why we would add a condition suggesting that they
25 obtain adequate water when you ' ve already found that
71
1 they ' ve gone through the application that they have
2 adequate water . I mean , I don ' t know what the
3 necessity of that would be . I mean , to me it ' s not
4 whether it ' s appropriate or not , it ' s whether or not
5 it ' s necessary .
6 COMMISSIONER GEILE : Well , I guess what I
7 would like in the record , Commissioner , if that ' s the
8 case , then , we ' re satisfied that they have
9 demonstrated that they do have the water .
10 MS . CHESTER : Planning staff was satisfied
11 with the letter that they provided us because that is
12 basically the same letter that we get for any other
13 operation . So when they submitted that with their
14 application , we were satisfied that that did meet the
15 requirement of adequate water .
16 COMMISSIONER GEILE : Thank you .
17 CHAIRWOMAN KIRKMEYER : Okay . Is there any
18 other questions from the board of the staff ?
19 Okay . Julie , did you have comments you ' d
20 like to make at this time ?
21 MS . CHESTER : Yes . I had some additional
22 conditions that I would like to add . One was already
23 addressed by Mr . Haren , and that was the time frame
24 to submit a final plan -- the final Mylar plat , and
25 that ' s adequate . 180 days is pretty consistent with
72
1 what we ' ve done on some other applications .
2 I would like to add a condition of approval
3 that would be on page 6 under K , and it will be
4 No . 4 , where it talks about the plat should be
5 amended to delineate the following . I would just
6 like to add in there that it -- the plat needs to be
7 in compliance with section 24 . 7 . 4 .
8 COMMISSIONER GEILE : What was that
9 again? I ' m sorry . 20 ?
10 MS . CHESTER : The plat shall be in
11 compliance with section 24 . 7 . 4 under K , and it will
12 be No . 4 .
13 COMMISSIONER HALL : So what does 24 . 7 . 4
14 say?
15 MS . CHESTER : That ' s under special review
16 permit plan map and it talks about when the final
17 plan comes in on reproduceable material , all the
18 conditions that -- all the things that need to be on
19 there will address some of the concerns that Mr . Coan
20 had that possibly there were some surrounding
21 property owners that were not listed on the map .
22 The vicinity map has several criteria and
23 that way we ' ll ensure that the final plan that gets
24 recorded will be in compliance with that section .
25 CHAIRWOMAN KIRKMEYER : Do you have any
73
1 other comments ?
2 MS . CHESTER : Well , I did have a couple of
3 things that I would like to clarify that came out of
4 the testimony , so that the record is complete . There
5 were a couple of things that were brought up , so just
6 a point of clarification . There is a sketch plan
7 application that actually -- if Lee could put up the
8 vicinity map again . It ' s KM and it ' s -- the name of
9 the subdivision is Observatory , it was for 153 lots .
10 It is in the sketch plan phase .
11 And the latest information that I ' ve had
12 from the applicant that they were going to withdraw
13 the application , because there was not going to be
14 adequate sewer available from Box Elder Sewer . There
15 was a letter that was provided from Box Elder for
16 that subdivision , but after the health department
17 looked into that , the subdivision is not located in
18 the district ' s designated service area . So I wanted
19 to make sure that that was in the record that that is
20 probably going to be withdrawn . And if it isn ' t
21 withdrawn at this time , staff would recommend denial
22 of that application .
23 The other point of clarification was on
24 some of the subdivisions -- some of the other
25 subdivisions in the area . The only subdivision that
74
1 has gone through final plan that ' s within one mile of
2 the proposed dairy is Mr . Gelvin ' s subdivision , a
3 minor subdivision , and it was Remington Place . That
4 was approved by the board December of 1999 . That was
5 the final plan .
6 And as a part of that approval by the
7 county commissioners , in the findings under
8 Section 4 . 6 . 16 . 2 , there ' s some narrative in there
9 that says that the soils on the subject site are
10 defined as prime by the USDA Soils Conservation
11 Service . The right to farm covenant is a part of the
12 Grand View Acres restrictive covenants , alerting lot
13 owners of the potential conflicts that may occur as a
14 result of residing in a predominantly agricultural
15 area . And that was in the findings from the Board of
16 County Commissioners . So I wanted to make sure and
17 read that into the record .
18 And , also , Mr . Coan did indicate that there
19 was a change of zone application in Section 8 . And
20 according to the records that I have and the research
21 that I ' ve done in the area , there was a sketch plan
22 that was done for Skylark Ranch and which was also a
23 minor subdivision , in 1999 . And has never gone any
24 further .
25 So according to my records , there has not
75
1 been a change of zone application in that section .
2 CHAIRWOMAN KIRKMEYER : Okay . Anything
3 else , Julie?
4 MS . CHESTER : No , that ' s all right .
5 CHAIRWOMAN KIRKMEYER : Trevor , do you have
6 a comment you wish to make ?
7 MR . JIRICEK : Just one quick discussion . I
8 have some language that we may want to add as
9 condition of approval A -- I guess that ' s A-9 .
10 1 -A-9 ? 2-A-9 .
11 CHAIRWOMAN KIRKMEYER : No , it would be 2 ?
12 Where are you?
13 MR . JIRICEK : 3 . I ' m sorry .
14 COMMISSIONER GEILE : Page 3 ?
15 MR . JIRICEK : I have an e-mail --
16 CHAIRWOMAN KIRKMEYER : Just tell me what
17 it ' s about .
18 MR . JIRICEK : It follows A , regarding
19 manure -- or regarding demonstrating compliance with
20 the CAFO regulations , and my suggestion concerns
21 seepage -- potential seepage run-on from the Cactus
22 Hill Ditch . We can incorporate that as a condition
23 of approval to alleviate concerns there .
24 CHAIRWOMAN KIRKMEYER : Okay . So , in ours
25 it would be 2-A .
76
1 MR . JIRICEK : Added as 9 .
2 CHAIRWOMAN KIRKMEYER : Okay . I don ' t have
3 an 8 , so I ' m looking at -- I have 7 , which is other
4 necessary measures which are required in order to
5 follow CAFO regulations , so you want to add an 8?
6 MR . JIRICEK : Yes , ma ' am . 8 .
7 CHAIRWOMAN KIRKMEYER : And what would it
8 say? I ' m sorry .
9 MR . JIRICEK : It would say , Demonstrate
10 that surface water that may originate as seepage from
11 the Cactus Hill Ditch has been appropriately diverted
12 away from the manure storage area , back slash ,
13 composting area , and cattle pens , period .
14 Appropriate additional measures , i . e . french drain or
15 intercepter trench , may be required to eliminate flow
16 onto areas where manure is stored , or where it may
17 come into contact with manure .
18 CHAIRWOMAN KIRKMEYER : Okay . Did you have
19 any other comments ?
20 MR . JIRICEK : No , ma ' am . Thank you .
21 CHAIRWOMAN KIRKMEYER : Mr . Carroll , do you
22 have any comments ?
23 MR . CARROLL : There was one item that was
24 brought up during testimony about emergency access
25 that was being required by the Poudre Valley Fire
77
1 District . If that access is required , we would like
2 to see the lane be at least 20 feet in width and an
3 all-weather type surface and also a breakaway type
4 gate . There was also some concern about the
5 employees may use this as a shortcut .
6 CHAIRWOMAN KIRKMEYER : Okay . All right .
7 So you ' re suggesting we add on an additional
8 condition or an additional development standard?
9 MR . CARROLL : I did not see it in any of
10 the conditions or any of the standards here . It was
11 mentioned , if it is actually a condition from the
12 fire department , for emergency access to the property
13 what I ' d like to see on there is the width of the
14 lane be at least 20 feet to accommodate emergency
15 traffic , an all—weather type surface , and also with a
16 breakaway gate .
17 CHAIRWOMAN KIRKMEYER : So would that be a
18 development standard that -- if there was an
19 emergency access , it needed to be developed to this
20 standard? Yes ? Should that be a development
21 standard? That if there is an emergency access
22 that ' s required , that it ' s developed to the 20-foot
23 width , all-weather surface , breakaway gate?
24 MS . CHESTER : I think that that ' s fine if
25 Mr . Carroll would like to add that . We do have a
78
1 condition that says that they need to meet the
2 requirements -- or address the concerns of -- or
3 attempt to address the concerns of the fire district .
4 And I know that they are going to meet with them .
5 But if we want to add more specific
6 language , that would be fine , also . As a development
7 standard .
8 CHAIRWOMAN KIRKMEYER : In the event of an
9 emergency access , it needs to meet the 20-foot
10 width , all-weather surface , and breakaway gate?
11 MR . CARROLL : That ' s correct .
12 CHAIRWOMAN KIRKMEYER : And shall that be
13 used as a residential access ? Something like that?
14 MR . CARROLL : We would like to see it be
15 used as emergency access only and utilize the main
16 access point for the dairy and residential access to
17 the property .
18 COMMISSIONER BAXTER : Madam Chairman , I
19 just noted in the letter from the fire authority they
20 say a second access road must be provided , so they ' re
21 asking that it be -- and they say where it should be ,
22 southeast corner parking lot to Road 84 .
23 CHAIRWOMAN KIRKMEYER : Okay .
24 COMMISSIONER BAXTER : And , in fact , it says
25 the road shall be concrete asphalt or compacted road
79
1 base , so . . .
2 CHAIRWOMAN KIRKMEYER : Okay . Any other
3 comments ? Does the board have any other questions of
4 staff?
5 COMMISSIONER HALL : I --
6 CHAIRWOMAN KIRKMEYER : Dale .
7 COMMISSIONER HALL : I have a clarification
8 on what Julie asked for on the 24 . 7 . 4 under 2—K . Are
9 you saying that all those things should be in there?
10 Or that this should be just in compliance with that ?
11 And by saying that it shall be amended to delineate
12 the following as being in compliance with , doesn ' t --
13 that doesn ' t say that . I ' m just wondering if you ' re
14 better off saying the plat in compliance with 24 . 7 . 4
15 shall be amended to delineate the following --
- 16 MS . CHESTER : That ' s fine . And that was my
17 intention .
18 COMMISSIONER HALL : That ' s also in the
19 ordinance that it should be done that way .
20 MS . CHESTER : It is , but just to make sure
21 that -- when -- just to clarify this a little bit ,
22 when they come in with their site plan with the
23 application , this isn ' t usually the final plat that
24 gets recorded . There ' s a lot of changes that are
25 made .
80
1 And usually there are things that aren ' t
2 included that we do ask the applicant to include , so
3 at -- additional to the three things that we ' ve
4 already asked them to include on the plat , I just
5 wanted to make sure that to address Mr . Coan ' s
6 concerns that everything that is required for that
7 plat map will be on that plat map .
8 But when it comes in , I ' ll -- we review
9 that and it won ' t get recorded unless it is .
10 CHAIRWOMAN KIRKMEYER : So your suggestion
- 11 was just add language up to K that says the plat
12 shall be in compliance with 24 . 7 . 4 and shall be
13 amended to delete the following?
14 COMMISSIONER HALL : Makes more sense to me ,
15 but . . .
16 CHAIRWOMAN KIRKMEYER : Okay . Does the
17 board have any other questions or comments ?
18 Mr . Morrison , did we get all the exhibits
19 marked correctly ?
20 MR . MORRISON : As far as I know .
21 CHAIRWOMAN KIRKMEYER : Okay .
22 MR . MORRISON : The only other thing is if
23 you wish to have in the record reference to the
24 creation of the special district , it was created in
25 1993 , it ' s a local improvement district 1993-2 . And
81
1 it reflects that Anheuser Busch was not actually
2 placed in the district , they made a direct cash
3 contribution , and so -- but that the cost did not
4 exceed the estimated cost in the petition .
5 COMMISSIONER BAXTER : Is there any
6 indication that the County contributed any money to
7 it ? It was just the --
8 MR . MORRISON : I ' ll need another couple of
9 minutes to --
10 COMMISSIONER BAXTER : That ' s --
11 CHAIRWOMAN KIRKMEYER : Okay . Okay . What ' s
12 the pleasure of the board?
13 COMMISSIONER GEILE : I did have one
14 question on the --
15 CHAIRWOMAN KIRKMEYER : Oh , okay .
16 COMMISSIONER GEILE : On the dis --
17 CHAIRWOMAN KIRKMEYER : Go ahead . Did you
18 have something else to add?
19 COMMISSIONER GEILE : There was a list of
20 mitigation .
21 CHAIRWOMAN KIRKMEYER : The letter?
22 COMMISSIONER GEILE : Yeah , that you made .
23 I know that you went through it briefly , I did not
24 see that . I was just --
25 CHAIRWOMAN KIRKMEYER : Okay . Wait a
82
1 second .
2 Also , would the applicant , or their
3 representative , please come back up to the
4 microphone . Here it is .
5 You ' ve heard the discussion by the board
6 and the additional conditions and development
7 standards that are recommended by staff . Do you have
8 any comments or concerns about any of those?
9 MR . HAREN : No .
10 CHAIRWOMAN KIRKMEYER : And would you be in
11 agreement with those?
12 MR . HAREN : Yes .
13 CHAIRWOMAN KIRKMEYER : And just so we ' re
14 clear , I want to make sure that you understand all
15 the ones that were suggested . The first one was
16 yours , which was in condition No . 1 , which changed 30
17 days to 180 days . Then there was an addition
18 No . 2—A-8 , which talks that you would demonstrate the
19 surface water seepage from the Cactus Hill Ditch
20 would be diverted away from everything . And there
21 would be additional appropriate measures added on if
22 necessary .
23 There ' s an addition to 2-A -- or 2-K , which
24 would state that the plat shall be in compliance with
25 24 . 7 . 4 , and then the remainder of the sentence there .
83
1 And there was suggested an addition of a development
2 standard which would be No . 23 and then relettering
3 the rest , that in the event of an emergency , access
4 being required that there would be 20—foot
5 right—of—way , all—weather surface , a breakaway gate
6 and that it would only be an emergency access .
7 Okay . All right . Thank you .
8 Commissioner .
9 COMMISSIONER GEILE : I don ' t know . I think
10 it looks as if -- at just a quick overview , and I
11 think you discussed it a little bit -- but it looks
12 like most of this has been resolved in the -- in what
13 we talked about .
14 CHAIRWOMAN KIRKMEYER : I think the only one
15 that hasn ' t been resolved , and I ' m assuming whoever
16 makes the motion will probably resolve this , but the
17 request that the board of the commissioners have
18 final review and approval of all of the plans . The
19 preliminary wastewater plan and the odor abatement
20 plan , fly abatement plan . So , okay .
21 COMMISSIONER BAXTER : Interject something
22 real quick here . I think on the one here , I think
23 there ' s a little misunderstanding because they were
24 asking that it go to a 10—year 10—day standard , which
25 the 25-24 is a stricter standard then that , so I
84
1 think we need to -- well , we didn ' t deal with it , so
2 I don ' t think we need to .
3 CHAIRWOMAN KIRKMEYER : Okay .
4 COMMISSIONER BAXTER : It ' s a stronger one
5 now .
6 CHAIRWOMAN KIRKMEYER : All right .
7 Commissioner , did you have a -- you had your hand
8 up? No . You ready?
9 COMMISSIONER VAAD : Sure .
10 CHAIRWOMAN KIRKMEYER : Okay .
11 COMMISSIONER HALL : Madam Chairman , I will
12 move that we approve -- whatever USR this is --
13 CHAIRWOMAN KIRKMEYER : 1289 .
14 COMMISSIONER HALL : -- 1289 with conditions
15 and development standards and amend the conditions to
16 allow 180 days of approval on condition No . 1 ; to
17 amend the 2-A-8 , to require demonstration of surface
18 water seepage from the Cactus Hill Ditch ; adding in
19 the 2-K , the plat , adding in the words , in compliance
20 with 24 . 7 . 4 , shall be amended ; and adding the
21 development standard that would work with the
22 emergency access if required by the fire district to
23 be 20—foot , all—weather , and have a breakaway gate .
24 CHAIRWOMAN KIRKMEYER : Do I have a second?
25 COMMISSIONER GEILE : Madam Chairman , I will
85
1 second that motion .
2 CHAIRWOMAN KIRKMEYER : Okay . I have a
3 motion by Dale , second by Mike , to approve special
4 review permit No . 1289 with the conditions of
5 approval and development standards and with the
6 amendments as made to condition No . 1 , condition
7 No . 2-A-8 , condition 2-K , and with an additional
8 development standard which will be No . 23 and
9 renumber the remaining development standards .
10 Discussion on the motion . Commissioner .
11 COMMISSIONER HALL : If I may , I would like
12 to make a comment that , you know , I believe that this
13 county is still , and will be for a long time , largely
14 an agricultural county . I think we do have concerns
15 when we have residential and ag conflicts , but I
16 think based on actually driving the site and looking
17 at more of these pictures that were provided , that
18 this area is , in my opinion , agricultural , and I
19 think the concerns are , obviously , between
20 residential and agricultural .
21 But I think this also will illustrate some
22 of the problems that we have for future residential
23 and I think that it would behoove this county
24 commission to make sure that we work on that end of
25 it when considering additional types of residential
86
1 subdivisions in areas that are largely agricultural .
2 And I guess to me that was the conflict
3 between the two and I think it ' s -- it is compatible
4 with the area .
5 CHAIRWOMAN KIRKMEYER : Further discussion .
6 COMMISSIONER GEILE : Madam Chairman , my
7 second is based upon the testimony that has been
8 presented -- first of all , I ' d like to thank the
9 people who have come back three times for this -- for
10 this proceeding because I know it ' s been very
11 difficult . And I ' d also like to express my
12 appreciation for the intensity of the testimony as
13 well as the completeness and the accuracy of the
14 testimony .
15 But having reviewed all the testimony , I do
16 find that the applicant does have the right -- use by
17 right to create a dairy for 112 cows , and in carrying
18 that forth the applicant certainly demonstrated by
19 testimony and by , I think , review , even though the
20 Larimer County Health Department did issue a letter ,
21 I ' m still not sure what it says , but has demonstrated
22 an ability to operate the dairy in a clean and a
23 healthy manner .
24 The fact that there ' s been no complaints
25 expressed by the residents in the area of his
87
1 existing dairy -- there was a few concerns -- but as
2 far as complaints , I heard virtually none , even
3 asking specifically people who would live in the wind
4 direction of the -- the dairy , even over south of and
5 concurrent to the -- where the existing dairy would
6 be located , I heard no complaints .
7 And as I carry it further , the economic
8 value of dairy operations in northern Colorado , I
9 think , is significant . And I think it ' s well
10 documented that one of the reasons why we do rank
11 No . 1 as an agricultural area here in this country is
12 because of the fact that we do have an agriculture
13 community whose -- while it ' s very difficult to
14 maintain economic viability , they ' re certainly trying
15 to do it .
16 And when you take a look at the economics
17 of an operation such as a dairy , it ' s got to be
18 recognized that they have to expand that operation to
19 be able to compete in today ' s market .
20 The lagoons and the facilities to be
21 constructed will be done in accordance with the
22 conditions of the approved development standards
23 which should enable the dairy to move ahead in a
24 manner which is not going to be obstructive to the
25 area -- to the residents who live in the area .
88
1 And to carry that a little bit further , the
2 regulations will be greater than , I think , it ' s been
3 established on the use by right , simply because of
4 the health regs , the environmental regulations , the
5 CAFO regs , manure management , waste management , dust
6 abatement , odor control plans , they all fall into
7 place to make sure that the operation does maintain a
8 solid and -- a solid environment and operation .
9 And I think the other thing with good
10 management , I think it ' s been also established , at
11 least in my mind , what -- present the contamination
12 of his herd that this dairy or the transmittal of
13 diseases to other herds or species -- and if I could
14 summarize that , Madam Chairman , in my opinion , it
15 does meet the conditions of 24 . 4 . 2 .
16 And as you carry that over to the comp
17 plan , policy 1 , if I may , specifically policy 1 ,
18 which preserves prime ag land for agricultural
19 purposes would foster -- if you go to policy 1 and
20 complete the whole description it says , agricultural
21 zoning will be established and maintained to protect
22 and invoke the county ' s agricultural industry .
23 Agricultural zoning is intended to preserve prime
24 agricultural land and to provide areas for
25 agricultural activities and uses dependent upon
89
1 agriculture without the interference or incompatible
2 -- or incompatible residential , commercial ,
3 industrial uses .
4 And then if you carry that to goal 3 ,
5 discourage urban scale residential , commercial ,
6 industrial development , which is not located adjacent
7 to existing corporate boundaries ; and if you go to
8 policy 3 , conversion of agricultural lands to urban
9 scale residential , commercial and industrial
10 development will be discouraged when the subject size
11 is located outside .
12 I think as I begin to take a look at 24
13 point -- as I considered the conditions of 24 . 4 . 2 , as
14 well as goal 1 and goal 3 specifically stated on 2-3
15 and 2-4 of the county ' s comprehensive plan , I base my
16 second upon those because I do feel it falls within
17 those conditions and consequently should be approved
18 and move ahead .
19 CHAIRWOMAN KIRKMEYER : Okay . Thank you .
20 Any further discussion? Commissioner .
21 COMMISSIONER VAAD : Madam Chairman , I
22 intend to vote against the motion . And I would beg
23 your indulgence while I make a couple of comments ,
24 and I will explain the reason for my no vote .
25 Citizens of Weld County have indicated to
90
1 me in many ways that they do not wish to see the
2 previously agriculturally zoned panoramas taken away
3 by urban sprawl , whether that was by rural residence
4 or estate lots or what we now come to hear , hobby
5 farms . By their definition , those items are sprawl .
6 And , in fact , we ' ve heard from our local newspaper
7 that seemed to be of that same ilk .
8 Secondly , if people had moved into the
9 area , recently for sure , then they are made aware on
10 their plats , or plats of their properties , is the
11 right to farm covenant , which clearly points out , as
12 you cited from the comprehensive plan , what that
13 means . And that they ' re obliged to accept those , the
14 items of that covenant , when they buy that property .
15 Finally , something that ' s saddened and
16 disturbed me , apparently the cost of applying for
17 permission to use your property outside of its use by
18 right is to risk having your integrity and your
19 character assassinated in a public forum . And I ' m
20 embarrassed that we ' ve been compelled to provide that
21 forum .
22 There were comments made about the
23 applicant , and he did not respond , to his credit , but
24 could have . But other people felt that this was the
25 time to unload .
:hat
1 Now having said that , I can agree with
2 my colleagues have said in support of this
3 application because I do find that they meet nearly
4 all of the requirements for us to agree to this
5 proposal , save two . And those two turn , for me ,
6 around the issue of the 25-year 24-hour storm event ,
7 which I believe was sincerely and adequately
8 addressed per state law , and even beyond that , to
9 take care of that problem .
10 But because I think there is a potential ,
11 slight though it may be , in some people ' s minds , the
12 fact that we had the Spring Creek flood not that long
13 ago which , if memory serves me right , that was at
14 least a 100-year if not a 500-year event . So given
15 that , and what I see as a potential of that happening
16 again , I do not find that the application meets the
17 Section 24 . 4 . 2 . 3 where , as it says , the conditions of
18 approval and development standards that were included
19 and agreed to by the applicant will ensure the
20 health , safety , and welfare of the citizens of
21 Weld County .
22 And secondary -- second to that , in
23 Section 24 . 4 . 2 . 7 , where it again says that the
24 conditions of approval and development standards
25 ensure the protection , health , safety and welfare of
92
1 the inhabitants of the neighborhood in the county , I
2 do not find that that ' s been met . I base that
3 conclusion and that finding on the basis that should
4 we have a catastrophic event , it was adequately
5 pointed out to me where all of that polluted water
6 and other materials would go .
7 Now , even though those may be
8 biodegradeable products , manure and feed products ,
9 that go into that drainage area , they could , in fact ,
10 probably get to the Black Hollow area , which is a
11 considerable distance , having even before that gone
12 through another retainage area , polluting that
13 property and , in my opinion , would be irreparable
14 damage and irreparable that it probably could not be
15 either economically or even practically cleaned up .
16 So for those reasons I will vote against
17 the motion .
18 CHAIRWOMAN KIRKMEYER : Further comment?
19 COMMISSIONER BAXTER : Madam Chairman , I
20 struggled with this , and I ' ll admit to a bias to
21 start with , that an ag expansion in an ag area is
22 something I would have normally come down completely
23 on the side of . And I sort of , in listening to all
24 the testimony , attempted to -- well , I had in my mind
25 that it needed to be proved that it could not be
93
1 there even though the burden of proof on the
2 applicant , I understand , was to prove that he could
3 comply with everything .
4 But I have some of the same concerns that
5 Commissioner Vaad has . The catastrophic event ,
6 granted , is -- comes over a long period of time . If
7 it ' s a 100-year flood , the incidences may be 100
8 years before it comes again , but I felt like in -- in
9 the main , it met the criteria that were laid out here
10 in 24 . 4 in our zoning ordinance to meet , and that ' s
11 the comp plan .
12 I think it ' s been said it generally met the
13 comp plan because that ' s an ag area , and also that
14 uses that are -- find the right one -- not
15 compatible , but uses that are allowed in that area --
_ 16 in an ag area , and , again , even if we don ' t allow
17 subdivisions , we do -- we have allowed a number of
18 recorded exemptions and we have allowed -- in fact ,
19 this board , within the mile south of there several
20 years ago allowed several to occur . And I know at
21 the time my testimony was that -- in that area it was
22 adjacent to other development on 14 and -- Highway 14
23 and it seemed that that was a reasonable place to
24 have it .
25 But those are there now and a number of
94
1 others are there now that are 80 acres even , but
2 the -- the -- the total amount of housing there seems
3 to be what has been allowed in an ag district . But
4 still doesn ' t make it that compatible with this area
5 to put this size of a dairy in there and the
6 problems -- that location seems excellent as far as
7 what they ' ve tried to do with it , they ' ve done their
8 best to mitigate . I agree that the berms in the area
9 are good , it just -- when I looked at the whole
10 thing , it just seems that the total amount of that
11 much expansion was more than we should allow in this
12 area .
13 So I ' ll quote the same ones , 24 . 4 . 2 . 2 , that
14 it ' s -- no , I ' m sorry , the intent of the district it
15 complies with , I ' ll admit , but that it isn ' t
16 consistent and compatible with what ' s existing in the
17 area , which is the next one , because of , not maybe
18 deliberate , but what ' s been allowed to happen and
19 what can happen without us even giving the division
20 of property . You can get a lot of homes in an area
21 like that .
22 Because the homes are already there ,
23 because it ' s an area that I feel is going to be a
24 tremendous impact with this size of operation , I ' m
25 going to be voting against the motion also .
95
1 CHAIRWOMAN KIRKMEYER : All right . Well , I
2 will be voting in favor of the motion . And I would
3 agree with Commissioner Hall and Commissioner Geile
4 that it does meet the -- that the applicant has
5 demonstrated compliance with 24 . 4 . 2 . 1 through point 7
6 and also 24 . 4 . 3 .
7 Just to kind of make some comments with
8 regard to Commissioner Vaad and Commissioner Baxter ,
9 I think the applicant -- or at least his
10 representative showed us that the ponds can hold --
11 that a 25 , 24-hour storm event would require 15 . 3
12 acre-feet of storage , and that the ponds can hold up
13 to 78 feet of acre storage . I think asking an
14 agricultural operation or , for that matter , any
15 applicant to construct ponds to handle a catastrophic
16 event or a 500—year flood event is both unrealistic
17 and unreasonable , and I ' m not sure that any applicant
18 would be able to meet that standard .
19 Additionally , as far as being compatible
20 with the district and consistent with the intent of
21 the district , I think I already quoted the things
22 that I wanted to say about how I do feel that it is
23 consistent with the district . It is an
24 agriculturally zoned district and the intent of the
25 district is to allow for agricultural operations and
96
1 allow for the expansion and the productivity of
2 agricultural activities .
3 So , again , I will be voting in favor of the
4 motion .
5 Do you have any further comment?
6 COMMISSIONER VAAD : If I may , just one
7 response to clarify .
8 CHAIRWOMAN KIRKMEYER : Sure .
9 COMMISSIONER VAAD : No one should take away
10 an opinion that I will from now on require additional
11 provision other than the 25 -- 25-year 24-hour storm .
12 It hinges on location in this instance . And there
13 just wasn ' t enough margin that should we not be able
14 to contain what might happen , then they are , in my
15 opinion , irreparable . But I know in other -- as I
16 have struggled with this in other hearings , both in
17 the planning commission and here , at least if the
18 dikes were breached because of a catastrophic event ,
19 there was a mitigation of the effects because it
20 wasn ' t going down the drainage area as this would .
21 So -- but I appreciate your comments . Thank you .
22 CHAIRWOMAN KIRKMEYER : Okay . Any further
23 discussion?
24 Okay , may we have roll call vote , please .
25 THE CLERK : Glenn Vaad .
97
1 COMMISSIONER VAAD : No .
2 THE CLERK : Dale Hall .
3 COMMISSIONER HALL : Yes .
4 THE CLERK : George Baxter .
5 COMMISSIONER BAXTER : Nay .
6 THE CLERK : Mike Geile .
7 COMMISSIONER GEILE : Yes .
8 THE CLERK : Barb Kirkmeyer .
9 CHAIRWOMAN KIRKMEYER : Yes .
10 With that , the motion carries on a 3-2
11 vote .
12 And we have no further business before the
13 board so we are adjourned .
14 ( Hearing concluded at 4 : 17 p . m . )
15
16
17
18
19
20
21
22
23
24
25
98
1 REPORTER ' S CERTIFICATE
2 I , Mary J . George , a Registered
3 Professional Reporter , Registered Merit Reporter ,
4 Certified Realtime Reporter , and Notary Public within
5 the State of Colorado , appointed to take the public
6 hearing , do hereby certify that the hearing was taken
7 by me at 915 10th Street , Greeley , Colorado , on
8 December 13 , 2000 ; that the proceedings were
9 thereafter reduced to typewritten form by means of
10 computer-integrated transcription ; that the foregoing
11 is an accurate transcript of the proceedings at that
12 time .
13 I further certify that I am not related to ,
14 employed by , nor of counsel for any of the parties or
15 attorneys herein , nor otherwise interested in the
16 result of the within action .
17 In witness whereof , I have affixed my
18 signature and seal this 12th day of January , 2001 .
19 My commiss ' n expires October 2 , 2002 .
20
21
\\\I\1IIIIIIII l/ MAY J . G O G V
22 �o`� P-(• ' "' Oq °op Regis ere P ofessional Reporter
\\Q IA � 'r '5$
�� Certi icate of Merit Holder
-
23 Certified Realtime Reporter
*• -c-.2+ O ,„ :*_
•
24 -N;•• Urn- Jo
OF p.�p,�Qp 25 0 ��
PARTIAL TRANSCRIPT FROM DECEMBER 13, 2000 RE: DYELAND DAIRY
20-plus 11120:6 50,0001+125:16 acre 1515:814:21,2522:2495:13
2000 PI 54:18 98:8 500-some 11123:16 acre-feet 1161 23:5,8 24:14 45:18 48:6,8,
$1.31+115:12 200111198:18 500-year 12191:1495:16 10,15,2348:2,6,7,8,1449:595:12
$100,00012115:11,14 20021998:19 acre-foot 1516:761:1,4,5,7
-- $50,00019 4:7 22d 11154:18 6 acres 11315:8,15 10:8 13:17 22:25 23:16,
1 23 12183:2 85:8 6 PI 25:15 62:16 72:3 17,22 46:7,14,22 74:12 94:1
241517:20 13:11 51:11 60:21 89:12 6(h 11164:5 across 12119:6 31:19 35:10 36:6 39:8
1 113151:11 61:1,4,5,7 82:16 84:16 85:6 6:3011149:16
87:1188:17,17,1988:14 24-hour 112123:3 45:16 46:15,16 48:20, 52:23 54:2
24 50:12 51:15 66:9 91:6 95:11 96:11 60 PI 7:19,20 9:22 24:16 action 19 98:16
1-a-9 1+175:10 60-acre 11124:16
1.15 1117:17 24.411
24.4.212188:1589:13 6411121:3 actual 1517:1719:1538:1557:2169:4
1.2 11115:12 6511121:4
10(1217:178:3,319:1124:925:1133:8 24.4.2.1 III 95:5 actually 80121:523:1729:936:837:22
24.4.2.21994:13 661113:16 38:5,1139:1243:12,14,16,2544:1546:
65:9,11,16,16,23
10-day 12122:20 83:24 24.4.2.3 11191:17 7 20 58:4 82:16 73:7 77:11 81:1 85:16
10-plus 1925:12 24.4.2.71991:23 71517:1649:1564:476:395:5 add 117752:767:2169:19,2370:2021,
24.4.3 11195:6 24 71:22 72:2,6 75:8 76:5 77:7,25 78:5
- 10-year 12122:20 83:24 7-1/2 11117:25
100 1993:7 24.7.4 18172:7,11,13 79:8,14 80:12 82: 70 PI 26:2 80:11 81:18
25 84:20 added m 41:16 42:19 45:8 48:21,23 76:
100-to-1 1433:15,20 741115:13
2514127:15 32:5 95:11 96:11 1 82:21
100-year 8791:1493:7 25-24 P124:2051:883:25 7500011125:3,17 17 adding 13184:18,19,20
1021913:17 76,000(1I 25:15
25-year 117122:14,21,2223 23:3,6 24: addition 1°153:24 82:17,23 83:1
108 12166:10,22 1345:1646:15,1648:202449:550:12 7815123:5,2146:1846:14,2248:10,11, additional 11818:212:245:646:24,24
10th 0998:7 21 95:13
110 1+123:22 51:15 91:6 96:11 78-some 11122:24 48:25 49:4 61:8 71:21 76:14 77:7,8 80:
1100 12132:5 33:20 250-some 1116:7 78.3 12148:2,13 3 62:6,21 85:725 96:10
112 1986:17
8 29-acre(115:13 additionally 8164:5 95:19
12 31185 3 address 11013:11,2122:1749:1456:2
12,5001116:9 8 14174:19 76:3,5,6 62:24 72:19 78:2,3 80:5
— 3 1512:3 5:15 28:19 50:3 75:13,14 89:4,8, 8,000 1914:25 addressed 8163:13 71:23 91:8
12211166:9 14
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12th 12162:15 98:18 81 0110:17 adequate e 18159:6 64:11 70:12,25 71:2,
3.4 I+I 46:19 84 lei 12:24 36:20 65:6 66:10,12,19 68: 15,25 73:14
_ 1312160:2198:8 3.631217:218:5
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14,18 57:11 64:2185:4,666:9,12,1968: 3212124:2325:3 868737:1940:18 adjourned m 193
14 admit P113:5 92:20 94:15
— 3511148:5 9 aerial 1219:19 38:20
15,0001910:8 350011165:21 91976:1 affixed 11198:17
15-inch 11157:14 363(118:5 915 111 98:7 afternoon(1111:6
15-some 1946:6 3651117:20 9511151:13 ag 1914:19,2485:1588:1892:21,2193:
._ 15-to-1 BI 33:18 3711148:6 9711151:13 13,16 94:3
15.3 14122:25 46:15,23 95:11 3811125:14
A agencies(118:9: 20:19 59:3
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1611118:21 a-911175:9 agency(1(11159:6
171115:9 4 agency 01 PI
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18015161:2482:171:2582:1784:16 41876:1920:13,1328:2072:4,12 abatement 18133:2158:222362:2063: agpro 1113:15
19.11947:4 4(b 11162:16 283:19,2088:6 agree 14191:1,494:8953
1992 111 65:1 4,0001516:3,532:6,833:24 ability 11186:22 agreed 12112:981:19
1993[1180:25 4.6.16.211174:8 able 18123:11 31:2068:15,1869:1287: agreeing 11133:23
1993-2(1180:25 4:17(1197:14 19 95:18 96:13 agreement 18157:19,20 64:5 67:24 68:
1998 1119:15 40 19 24:6 above RI 18:24 28:19 19,20 70:2 82:11
1999 P149:17 74:4,23 40011112:24 absentee(1116:7 agri-enterprises PI 13:19 14:7,25
400,000!1180:9 absolutely 11125:25
agric2 400-some 1214:1 59:15 accept 12132:18 90:13 74:14 5:14, 8,20 89 7:2 21:20 34:18
215124:1451:1263:1975:1198:19 4090711149:14 accepts 11168:20 74:1485:14,16,2086:187:1188:18,20,
2,00013125:1532:22,23 4112117:5,6 access 116131:1837:1776:2477:1,12, 22,23,24,2589:895:14,2598:2
2-311189:14 4311 1113:16 19,2178:9,13,15,16,16,2083:3,684:22 agriculturally 0190:295:24
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2-a 8175:25 82:23 ahead 13181:17 87:23 89:18
5 accompanied 1930:25 air 8130:1434:17
2-a-8 12182:18 84:17 85:7 accordance 11187:21
2-a-91975:10 5 8123:533:8 airborne 12155:7,13
account 111119:21
2-foot 1117:16 5,000 11114:21 according 9:21 0,25 alerting 1+174:12
2-k 1x179:8 82:23 84:19 85:7 5,000-head 1116:1 all-weather 16177:3,15,23 78:10 83:5
201515:1420:572:977:2,14 5.211148:8 accounting 86:13 25:25 84:23
20-foot 9177:22 78:9 83:4 84:23 5016117:1 25:1920 28:5 60:5,7 accuracy 111 :4 98:11 3 alleviate 11175:23
accurate 1216:4 allow 16147:1784:1693:1694:1195:25
Sheet 1 $1.3 -allow
PARTIAL TRANSCRIPT FROM DECEMBER 13, 2000 RE: DYELAND DAIRY
96:1 aquifer 12119:11,15 basin 12146:13 48:7 briefly 1215:3 81:23
allowed 16193:15,17,18,20 94:3,18 aranci 11114:8 basis 0192:3 bring 0145:2
allude 11155:9 area 18319:12,16,1710:2411:1912:1,1 baiter P9111:23 34:2,21 35:8,13,2036: bringing 0145:5
almost 1616:714:2516:1324:229:19 14:1418:17,19,2019:1,10,22,23,2420: 437:238:1240:443:2144:1,552:1,19 brought 11015:2540:3,752:254:1557:
45:7 2,3 21:3,4,25 22:2 23:22 26:21,25 28: 54:6 59:9,19 60:12 78:18,24 81:5,10 83: 13 59:1125 73:5 76:24
alone 12148:6,7 1629:733:1434:5,21,2335:13,17,20 21 84:492:1995:897:4,5 buck 12116:460:10
already 112111:11 15:14 17:12 49:1 58: 37:9,15,16,2443:13,1545:17,2446:1, bear 11128:8 buffer[4I 12:1,3,2535:136:23,25
470:89,2571:2280:494:2295:21 11,13,1747:1949:25,2550:952:5,14 becomes 12118:421:18 buffers 11136:11
alternative 11156:9 53:1854:164:1173:18,2574:15,2178: bedding 13145:3,8,23 build PI 18:2428:2352:10
amend 13163:1584:15,17 12,1385:1886:4,2587:11,25,2590:9 bedrock PI 28:21 buildup III 56:18
amended 15172:579:11,1580:1384:20 92:9,10,12,21 93:13,15,16,21 94:4,8,12, beg 1989:22 built 15120:1621:1751:16
amendment 11113:11 17,20,23 96:20 begin 11189:12 bunch 11140:12
-- amendments 12128:6 85:6 areas 110121:2 22:10 28:15 29:25 34:25 beginning RI 32:744:19 burden 11193:1
amount 17123:15 25:5 45:19 50:1 68:21 35:2 36:25 76:16 86:1 88:24 behind 11142:11 buried 12157:10,14
94:2,10 aren't PI 29:2230:980:1 behoove 0185:23 busch 14165:3,5,981:1
anaerobic 14I 24:3 47:15,15,18 arid 0130:2 believe P719:9 10:23 13:16 14:5,20 19: business 12130:8 97:12
anheuser PI 65:3,5,9 81:1 around 0911:1,614:1318:1119:11 9,1828:1931:2433:335:1636:2148:9 buskirk 1315:2,4,24
animal 11123:21 21:13 34:12 52:13 55:10 57:25 91:6 49:20,23 51:19 53:6 55:6,8 56:7 58:4 buy PI 15:4,8 59:16,21,22 60:13 90:14
annual 1219:21,22 arterial PI 67:22 60:461:1865:2169:1585:1291:7 buying 12127:11 33:2
another 117:2244:452:281:892:12 asphalt 11178:25 below 14118:2220:1435:13,20 C
answer 1518:10 17:19 43:20 59:24 67: assassinated III 90:19 berm 11619:11 11:152212:3 34:4,6,9,
19 assess 11168:25 22,24 38:7,9 46:2 52:12 54:1,4 56:14 cactus 110121:1 52:16 55:23 56:3,8 57:
answered 13137:3 44:6 59:11 assessed 12165:8,9 berms 16113:318:2434:19 36:25 56:23 11 75:21 76:11 82:19 84:18
_, answering 1954:23 assessment 12165:15,19 94:8 cad 11140:22
anticipate 0145:10 assigned 11149:11 best[4128:630:1,10,1632:934:15,18 cafo 15158:10,1275:2076:588:5
anticipated 11160:23 assume 12129:2 49:16 94:8 calculated III 22:24
anticipating 11161:3 assumed 11141:9 better 12139:1279:14 calculation 1+146:22
anybody 11157:20 assumes 1968:25 between 9134:2340:11,1142:2051:6 calculations 14130:1832:182437:9
anyway 14125:249:22,2458:9 assuming 14129:749:167:183:15 54:15 85:19 86:3 call I+196:24
apart 11142:18 atmosphere 11134:17 beyond 13151:15,17 91:8 called 15113:8 34:15
apparently 11190:16 attachment 9112:19 40:25 bias 11192:20 calls 019:3
appear 11163:7 attain 11170:4 bible 1116:20 came 916:13 8:1 9:8 10:10 32:19,21 41:
applicant 11613:962:2463:1564:673: attempt 11178:3 big 12137:659:12 944:1373:3
1280:282:286:16,1890:2391:1993:2 attempted 11192:24 biggest 11121:6 campus 11151:1
95:4,9,15,17 attempting 11162:24 biodegradeable IV 92:8 capacities 0128:7
— application 14015:256:257:68:179:1, attorneys l+198:15 bit 1514:929:579:2183:1188:1 capacity 115123:3,4,624:1945:1646:
710:2116:16,1917:1623:1924:1730: attribute 11149:8 black 11192:10 1447:2348:1,5,6,7,13,20,2549:4
13 31:3 33:16 35:3 37:12 38:6,18 39:14 audience 1413:5 40:5 44:11,18 blow 11116:10 carbon 15144:23 45:2,2,6,11
41:1 43:12,17 47:10,10 51:10 53:19,22 authority 11178:19 blurry 11148:5 care 14111:9 16:7 56:11 91:9
62:2370:871:1,1473:7,13,2274:1975: auto 0140:22 board 11713:1458:17,1859:860:2061: carries 11197:10
179:2391:3,16 automatic PI 68:7,9 2062:871:1874:4,1579:380:1781:12 carroll 120164:18,22,2265:1,17,2066:4,
applicatlon'S 11132:6 available 0173:14 82:583:1793:1997:13 8,13,18,2267:1768:1576:21,2377:9,
applications P13:2215:1372:1 average P124:9,1450:1 board's 1967:14 2578:11,14
—
applies 11130:7 aware Ill 90:9 boil 11125:17 carry 15152:19 87:7 88:1,16 89:4
apply 13124:1830:1633:13 away 17127:1436:2153:176:1282:20 book 11150:2 carrying 1986:17
applying PI 23:10 30:17 90:16 90:296:9 bores PI 18:1 case 11313:235:3,3,4,11,19,20,24,2524:
appointed 11198:5 B borings 14118:16 19:22 20:5,9 1841:461:2271:8
appreciate[2151:21 96:21 both 151 34:20 39:12 64:11 95:16 96:16 cases 1514:15 5:22 7:4 13:6 28:23 59:
appreciation 0186:12 back 11713:10 11:1,19 21:8 32:11,19 33: bothering 11115:25 19
approach P14:21 12:5 51:20 12 38:2 52:15 56:1720 57:8 63:14 67: bottom PI 7:22 12:2 39:14 cash 0181:2
approaching PI 6:3,4 14:21 28:22 50: 16 76:12 82:3 86:9 bought 11113:18 catastrophic 15124:20 92:4 93:5 95:15
back-calculated 1932:25 96:18
8 boundaries 0189:7
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71:476:1482:21 backwards 11132:13 bovine 1+154:19 cause P147:1654:367:23
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approval 06158:1961:1463:14,1867: balance Pl 10:3,11 box 12173:14,15 centimeters 1417:16,21 8:5,6
1569:1170:1672:274:675:9,2383:18 ballot 11114:19 boy 1115482 cents 121 3:25 4:6
84:16 85:5 91:18,24 barb 11197:8 breached 11196:18 certainly P116:1986:1887:14
— approve P163:11 84:1285:3 barren DI 35:5 break 11127:21 certificate 1998:1
approved 9135:2463:8,18,21,24 74:4 base P179:1 89:1592:2 break-even 0127:19 certified 8198:4,23
87:22 89:17 based 151 24:1 1 30:18 46:17 85:16 86:7 breakaway 15177:3,16,23 78:10 83:5 certify PI 59:5 98:6,13
approximately 18112:2425:11 32:22 basically I+216:15,17,2214:1619:20 8483 chair P162:11 64:2
— 36:1046:948:1053:465:1 36:1138:2342:2143:2144:646:171: breeding l+131:7 chairman P178:1884:11,2586:688:14
appurtenances 11136:2 12 bren111I 55:18 89:21 92:19
Sheet 2 allow-chairman
PARTIAL TRANSCRIPT FROM DECEMBER 13, 2000 RE: DYELAND DAIRY
chairwoman 111013:414:2,6,1017:21, 2347:451:1054:276:1779:2282:386: composting 1199:1825:9,14,1826:3, copies 12111:4,5
2327:331:1133:2535:1837:2039:3, 990:492:22 2021,24,2530:1243:13,1544:9,2345: corner 1111:2135:9,14,21,2278:22
16,2040:9,1241:5,12,18,2442:1,5,10, comes 112117:1645:3,2246:1647:3,10 11,13,25 46:1 76:13 corporate 12116:389:7
15 43:17,19,23 44:3,7,10,14,21 46:8 51:11 52:13 72:17 80:8 93:6,8 composting's 11130:10 correct 116134:8 41:7 43:18 48:15 52:9
_.. 48:10 49:19 54:12 55:16 56:1,12,16,24 comfortable 11120:23 comprehensive 121 89:15 90:12 56:15,19 58:13 62:2 63:2225 65:17,20
57:858:7,1459:760:16,1961:6,10,16, coming 15120:1533:238:2252:2154:4 computer 1217:10 12:16 67:770:1078:11
2562:3,6,1263:17,2364:3,1765:13,18 comment 115122:2027:529:631:1350: computer-integrated 0198:10 correction 0114:4
68:4,8,11 69:6,9 70:6,23 71:17 72:25 18 56:13 58:15 61:18 62:18 64:7,24 75: concentration 11129:14 correctly 11180:19
75:25,11,16,2476:2,7,18,2177:6,17 685:1292:1896:5 concern 1417:1218:1221:677:4 cost 11813:21,244:1,1160:1068:20,24
78:8,12,2379:2,680:10,16,21 81:11,15, comments 12812:43:13,184:1417:15 concerned 12120:11 70:11 81:3,490:16
17,21,2582:10,1383:1484:3,6,10,13, 32:739:549:2454:1455:757:2,1258: concerns 0x112:617:2022:1433:172: costing 1927:23
24 85:2 86:5 89:19 92:18 95:1 96:8,22 8,24 61:17 62:4 63:14 71:19 73:1 76:19, 19 75:20,23 78:2,3 80:6 82:8 85:14,19 costs 11168:22
_
97:9 22 79:3 80:17 82:8 89:23 90:22 95:7 96: 87:1 93:4 counsel 19 49:11 67:19 98:14
change 16137:5,6 67:15,21 74:19 75:1 21 concluded 0197:14 counting PI 66:14
changed 16137:13,1351:1461:2062:1 commercial P189:2,5,9 conclusion 11192:3 country 0187:11
82:16 commission 16717:20 50:11 62:19 85: concrete 12155:24 78:25 counts 11166:4
changes PI 58:1067:979:24 2496:1798:19 concurrent 0187:5 county 14412:44:17,218:13,15,15,249:
character 0190:19 commissioner l»9111:23 14:20 17:22, condition 121183:14,18 67:4,11 69:11 2,5 13:1 16:18 17:5 30:3 36:20 37:12
charge 014:5 2418:1822:1324:2226:1827:2,428: 70:9,11,16,20,2472:275:9,2277:8,11 41:249:15,1553:2556:1858:1959:2
chart 12148:249:23 1429:431:9,1232:334:2,2135:8,13, 78:182:1684:1685:6,6,7 64:2265:466:8,10,1267:5,1568:12,14,
check 1218:14,15,16 2036:437:238:1240:443:2144:1,5,8, conditioned 0131:25 20,2569:374:7,1681:685:13,14,2386:
chester 06139:1944:1961:2269:15,22 2245:10,1446:5,748:1,12,16,1949:6, conditions 120133:15,2361:1364:13 2089:2591:2192:1
70:10,1771:10,2172:10,1573:275:4 2250:7,2351:19,2552:1,1954:659:9, 67:9,1070:2071:2272:1877:1082:6 county's 1156:17,2188:2289:15
77:2478:16,20 1960:1262:11,12,1363:1064:1,4,15, 84:14,1585:487:2288:1589:13,1791: couple 11118:1016:1726:927:1334:9
cited 11190:12 18,2465:11,2466:6,11,16,20,2367:4,8, 17,24 37:354:1373:2,581:889:23
citing 1932:12 1868:269:7,10,2070:3,15,2271:6,7, confining P128:20 covenant P174:11 90:11,14
citizens 12189:25 91:20 16 72:8,13 75:14 78:18,24 79:5,7,18 80: conflict P186:2 covenants 11174:12
clarification PI 73:6,23 79:7 1481:5,10,13,16,19,2283:8,9,21 84:4, conflicts 12174:1385:15 covered 11155:19
clarify PI 73:379:2196:7 7,9,11,14,2585:10,1186:689:20,2192: confusion 12140:1544:12 cow 196:2
clay 017:16 1993:595:3,3,8,896:6,997:1,3,5,7 consequently 0189:17 cows PI 29:8,19 32:14,17,22,23,25 86:
clean 1814:1029:19,19,2330:1186:22 commissioners 1512:458:1974:7,16 conservation 14121:8,1056:2274:10 17
— cleaned 1992:15 83:17 conservative P151:20 create 0186:17
clear P141:6 43:8 82:14 commitments 0115:13 consider 11127:19 created 14164:20 66:24 67:3 80:24
cleared 0143:22 committee Ill 55:5 considerable P16:11 8:23 23:24 24:6 creates 0112:3
clearly 1990:11 common P128:24 33:18,22 47:23 92:11 creating 11167:5
— clears 11143:22 community 14118:8,9,11 87:13 consideration 0167:17 creation 11180:24
clerical 1969:2 comp P188:1693:11,13 considered 12116:289:13 credibility 0149:8
clerk(9139:2240:261:2086:2597:2,4, compacted 12121:25 78:25 considering 0185:25 credit 11I 90:23
6,8 compacting 0122:3 consistent 16158:15 63:7 71:25 94:16 creek 12150:4 91:12
_
client 193:23 company 12110:6 51:14 95:20,23 criteria 121 72:22 93:9
clients PI 10:727:1528:8 compared l3126:127:2433:22 constraints 0133:21 crop PI 35:6 53:18 54:7
climate 0130:2 comparison 196:10 construct 0195:15 cropland PI54:4,7,10
climatologist 1951:2 compatible 15186:393:1584:4,1695: constructed 12121:2487:21 crops 12110:5,6
close 1213:8 25:20 19 construction 11152:12 csu 188:1
closely 1949:24 compelled 0190:20 contact 12145:2276:17 culvert 12111:10 58:4
closest P16:1338:2051:4 compete 0187:19 contain 1923:152:10,1754:1596:14 cumulatively 195:9
co-ops 0116:23 complaint 018:25 contained Ill 45:24 current PI14:633:4
coan PI 5:2015:622:355:1859:1172: complaints(4110:1986:2487:2,6 containing 12154:3,10 currently 11132:4
1974:18 complete 10163:3,12,16,1773:488:20 containment III 53:17 curve 11146:19
coan's P13:174:1415:221:14,1631: completed PI 10:1266:2567:1 contaminated 11152:17 cut 14111:2018:21,2260:5
1362:1480:5 completely PI 55:12,1459:1092:22 contamination P129:155:788:11 D
cold-air III 34:15 completeness 11186:13 contingency 11127:7
colleagues 11191:2 completion 11165:22 continue 12135:23 49:7 daily 12126:10 29:19
college!416:15 7:1 21:22 24:2 complex 11154:19 contours 11153:7 dairies 112 10:7 17:3 26:3 27:19 29:18
collins 12150:6 51:5 compliance 112170:1 72:7,11,2475:19 contract!1127:12 4425 55:1
colloquy 0143:5 79:10,12,1480:1282:2484:1995:5 contracted 11125:9 dairy 16114:106:18:18,18,2510:1,711:
colorado 11673:166:157:2,98:169:21 complies 11194:15 contributed 11181:6 15 12:10,11,23 13:22 14:6,16 16:9,14
17:1621:2224:249:1550:2451:155: comply 14158:9,1264:1293:3 contribution 14167:2568:2369:381:3 17:418:921:4,17,18,2322:2523:15,18
1187:898:5,7 complying 11110:17 control 0929:2430:647:1352:454:21 29:8,9,12,12,13,17 30:20,21 31:19,22
colorado's 11147:24 compost 11619:1210:2411:1922:2,10 58:2262:20,2163:2,288:6 32:1234:1036:17,1936:15,24,2551:9
column 1115:16 24:2325:3,68,2426:827:6,10,1128:3 controls III 36:2 52:1455:2,1856:858:1670:874:278:
combination 11132:23 37:2445:552:14 conversion 11189:8 1686:17,2287:1,4,5,8,17,2388:1294:
_
come 12613:5,7,9 4:7 7:1 10:5,6 12:7 13: composted 0126:15 cooling P130:15 5
21 15:21 31:19 38:9 39:4,25 42:6 46:17, composter 11125:10 cooperative 12116:2417:9 dairy's 1216:17 35:24
Sheet 3 chairwoman -dairy's
PARTIAL TRANSCRIPT FROM DECEMBER 13, 2000 RE: DYELAND DAIRY
— dairying 0133:10 dilution PI33:15,20 driving 1+185:16 engineer's 1+I18:11
dale 14127:3 79:685:3 97:2 diminish 1+128:2 drove 1+I 14:13 engineering 11+16:13,14,17,1915:12
damage 1992:14 direct P157:368:2281:2 dry 13129:2030:232:23 17:1423:2546:1850:2051:1469:1
data 14I 50:2551:3,4,6 directed 12156:25 57:7 duane 8114:1,8 engineers(959:4
dated PI 54:17 62:15 direction P153:5,1087:4 during 14120:640:752:1176:24 enough P116:1823:926:1845:747:17
day(1976:8,912:1324:2325:3,6,21,23 directions Ill 39:13 dust 04129:5,6,7,8,9,16,21,242530:6 56:17,21 64:6 96:13
26:7,8,9 31:4 34:13 51:11,12 98:18 directly 12142:11 47:6 58:22 62:20 63:1 88:5 ensure P172:23 91:19,25
days(1317:2016:2017:15 23:2 49:17 dirt 14118:23 20:14,20 34:11 dvm 11154:17 entity 11116:3
— 61:22,2462:166:271:2582:17,1784: dis(1181:16 dye 0413:244:1,76:99:1610:1913:23 entrance 17111:1338:22,2439:858:2
16 disbursion 0134:16 15:1416:5,8,12,2424:8,1325:1226:12 65:5 66:15
deadline 11113:12 disclosed(1115:6 30:1933:10,1639:147:2458:660:5,16 environment P163:588:8
deal 12150:1484:1 discourage(1189:5 dye's 14I 17:13 19:17 54:25 57:23 environmental 1513:157:532:2436:2
dealing 11128:24 discouraged(1I 89:10 dyecrest x318:1810:1 55:2 88:4
december 13162:1574:498:8 discrepancy 0110:2212:21 22:19 dyecrest's 11157:23 envirotech 11130:4
decreased(1143:15 discuss(+158:18 dyeland 1216:17 8:18 equal RI 36:23 48:24
dedicated 11150:15 discussed 1+183:11 E equipment 0127:21
deeds(1157:22 discussing(117:6 equivalent 1115:10
deep P119:1720:1347:17 discussion 0751:2355:575:782:585: a-mail Ill 75:15 especially 12(22:1653:24
49:16 24 12136:
deepest PI 18:20 10 86:5 89:20 96:23 each essentially 12137:8 41:14
_. define(1116:3 disease 12154:1955:13 earlier 14114:2025:1327:539:22 establish 11125:14
defined P 16:10 74:10 diseases 17154:15,16,18,21 55:3,8 88: early PI 11:14 30:16 34:3 established 14133:8 88:3,1021
defines(1116:6 13 earth(1141:9 estate 151 4:18,21,22 13:19 90:4
definition(1190:5 disks 0151:2 ease 11131:1 estimated 11181:4
-- delete 14I 80:13 distance 12139:1292:11 easement 1957:21 evaluate 11118:9
deliberate 1994:18 distracting 1939:18 easements 1957:16 evaluation 199:15
delineate PI 9:2072:579:11,15 district 13613:19,234:521:9,1060:1,2, easiest 11129:10 evaporation 1519:2324:9,16,1747:21
delivery 14116:25 17:1,8 80:25 22,24,24 61:1 64:20 65:2,7 66:24 67:2, easily 11110:23 even 00127:21 33:9,23 63:23 70:17 86:
demonstrate 12176:9 82:18 5,12,2568:5,10,1270:1 77:178:380: east 19114:1717:3,4,5,636:1439:866: 1987:2,491:892:7,11,15934,1694:1,
demonstrated 141 71:9 86:18,21 95:5 24,2581:284:2294:3,1495:20,21,23, 14.19 19
147 12187: ,
demonstrating(1175:19 24,25 economic evening III 30:14
demonstration 11184:17 district's 11173:18 economically 1992:15 event I++122:2478:883:391:6,1492:4
-- denial(1173:21 disturbed 1990:16 economics[2133:487:16 93:595:11,16,1696:18
denominator 1917:12 disturbing 1218:129:6 economist 1316:1515:2524:1 events 11124:21
density 12129:22 38:4 ditch 05111:8 21:2 22:6 52:12,16 55:23 economist's 11132:10 everything 16111:25 53:12,25 80:6 82:
department 4918:16 9:831:15,162edge 11122:7
1 56:4,6,9 57:9,1275:2276:1182:1964: 2093:3
32:2 59:2,3 62:10,14 63:4,21 64:10 69: 18 effect PI 21:15 36:18 evidence 12155:11 70:19
11 73:1677:1286:20 ditches 11I 57:17 effects 12134:11 96:19 exacting 11153:21
dependent 1988:25 divert 11152:12 efficient P126:4,22,25 exactly P121:12 37:4
depending(1I 30:15 diverted PI76:11 82:20 effort 1916:16 excavated 1919:7
depends 11168:21 division(1194:19 eichheim 115111:3,7,17 22:18 41:16 42: exceed 12168:21 81:4
depth 1117:16 doctor's PI 21:21 2349:21 57:13,18,25 exceeded 1915:14
described 615:2426:16 document 11150:20 eichheim's 11137:22 excellent 12136:1694:6
describing(1140:20 documentation 1955:12 either RI9:410:2016:2428:20,21 62:9 excess 11145:18
description(1188:20 documented 1987:10 92:15 excreted(1123:20
design(+416:227:138:819:2124:729: doing PI 9:427:2230:8 elder 12173:14,15 excuse 0166:17
199:14
3,1133:347:8,1150:2151:758:760:3 dollar(413:21,244:627:25 elevation exemptions 615:2,783:18
designated 11173:18 dollars P14:1 59:15 eliminate PI31:7876:15 exhibit 1+8138:1439:15,23,2440:641:7,
designed 1923:4 don 1964:22 embankment l+118:24 10,13,14,2242:13,1643:5,6,646:1249:
embarrassed 11190:20
designing 196:20 done(1517:2410:1213:618:1,732:13 7,21
designs 0159:5 37:9 58:6 65:15 72:1 74:21,22 79:19 87: emergency 116176:24 77:12,14,19,21 exhibits 11180:18
78:9,15 83:3,6 84:22
_ detail 11163:6 2184:7 existing(1916:2511:2516:918:420:14
developed 121 77:19,22 dosekin 0150:25 employed PI 98:14 30:20 55:2 68:10 87:1,5 89:7 94:16
development 123(61:1469:16,18,19,21, down(10111:2012:4,9,1113:925:1835: employee 8112:69,16,2137:1840:17, expand 11187:18
2377:8,18,2078:682:683:184:15,21 836:17,1939:740:1841:1346:248:3 t7 expanding 11133:2
85:5,8,9 87:22 89:6,10 91:18,2493:22 60:5,22 92:22 96:20 employees 11177:5 expansion PI92:21 94:11 96:1
dewater PI23:2,11 24:13 downward P156:25 57:3,7 empty 19 48:13 expected PI 17:7
dewatering 11122:14 dozen(1110:7 enable(1197:23 expense 11128:8
diarrhea III 54:19 drain PI 21:1253:1476:14 enacted 1954:20 expenses(1169:5
— diary 12114:12 32:16 drainage 16126:2434:1546:1352:23 encompass i+120:10 expensive P152:10 56:10
encompassing(1I 45:24
difference 1419:1433:1840:1142:20 54:7,9 92:9 96:20 p g experience 12151:9 59:3
different P14:19 13:25 42:24 drains PI 52:1653:12,13,1856:8,10 end PI 10x413:24,2420:1528:1335:4 expertise 1959:6
52:13 85:24
difficult 12186:11 87:13 draws PI 5:22 expires 1+198:19
— dike 19 ended 1+15:9
52:12 drew P111:112:1640:23 explain 14110:2228:444:1289:24
dikes(1196:18 dries 11129:21 engineer 1217:8 11:20 exposure PI 14:15 53:8
Sheet 4 dairying -exposure
PARTIAL TRANSCRIPT FROM DECEMBER 13, 2000 RE: DYELAND DAIRY
express 1986:11 1238:1341:642:644:855:2282:1586: 86:695:397:6,7 15,1861:5,8,15,1862:2,571:2382:9,
expressed 1986:25 8 gelvin 12113:2421:15 12
extrapolated 0141:2 fits 11117:11 gelvin's 12113:19 74:2 harrow 11129:19
extremely 1418:12 9:6 20:11,23 five 11145:19 generally Ill 93:12 hashed 14116:20
— eye 11116:14 flood 82122:1430:18,21,2231:450:6, generated 1923:7 hate III 32:11
eyebrows 11115:1 12 53:19,20 91:12 83:7 95:16 gentleman III 25:11 haywire 11150:13
F flow 12157:20 76:15 george 14I 34:1 43:20 97:4 98:2 head 12132:533:20
flushing 196:6 gets 16123:2430:236:749:2572:2379: health 9218:169:859:2,262:9,1463:5
— facilitate 1947:14 fly PI 58:22 62:20 63:2 83:20 24 73:1686:2088:491:20,25
facilities 1316:2163:987:20 follow 13115:18,2376:5 getting 12135:25 67:19 healthy 11186:23
facility 15123:2329:1352:753:269:24 follow-up 1952:1 give 19712:1340:2149:1263:166:16 hear P134:557:2090:4
facility's 11153:4 following 1613:1,1772:579:12,1580: 70:18 heard 1616:1117:2582:587:2,690:6
— fact 17111:1015:1719:524:729:1850: 13 given 13116:1850:891:14 hearing 1613:840:344:1597:1498:6,6
351:10,1653:1162:1978:2486:2487: follows 11175:18 gives 11I 39:12 hearings P116:20 58:20 96:16
1290:691:1292:993:18 foot 11150:8 giving 1994:19 heating 11130:15
factor 118:3 26:5 28:11 30:22 46:19 footage 11(11:21 glad 1116:21 heaviest PI 19:23,23
factored 1114:11 football(1113:2 glenn 13144:7,21 96:25 heavy[2122:4,7
factors PI 14:1523:20 foothills 11150:25 goal 13189:4,14,14 help P131:241:568:15
factory 1415:2416:2,617:10 forage[21 29:14 45:1 gosh 11123:21 herd PI 88:12
facultative 11147:18 force 12155:6,6 got 12915:21,2310:11 13:5,914:1818: herds 11188:13
fall 11188:6 foregoing 11198:10 15,2219:720:1422:423:9,21,2424:16, hereby 11198:6
falls 14l 46:3 47:1,6 89:16 foreign 11152:6 18,1924 28:19 30:11 33:3 37:21 38:15 herein 11198:15
far 11714:1315:1421:127:7,1328:2431: form 1417:9,2349:1098:9 50:2451:5,552:560:887:17 hides 1936:11
1536:737:2456:17,2066:2370:1180: formations 11119:13 grade P118:2220:1457:14 high 17115:2017:1829:14,1434:1738:
2087:294:695:19 formed III 68:5 grand 11174:12 2339:1145:1
farm 14116:2 28:9 74:11 90:11 forms 11110:2 granted 11193:6 high-density 11129:12
farmable 11143:13 fort[2150:6 51:5 greater 9988:2 higher 1950:1
farmed PI 34:22 35:6,23 forth[2170:4 86:18 greeley 12151:5 98:7 highest 1919:3
farmers PI28:3,9,9 forty-eight PI 3:25 4:6 60:10 green 11140:13 highway 813:1693:22
farming 11131:22 forum P190:19,21 ground 16118:22519:1321:1023:128: hill 112111:2421:138:2352:1655:2356:
farms 12110:8 90:5 forward P13:5,7 70:7 9 4,8 57:11 75:22 76:11 82:19 84:18
— fast PI 16:11 29:21 foster 11188:19 grounds 11131:8 hills III 22:4
favor P195:296:3 found 13110:1563:1670:25 groundwater 113117:2418:719:2,920: hinges 11196:12
features 12119:1034:19 foundation 1921:7 2,2222:1128:14,16,21,2556:564:13 hirsch 1958:16
fed PI 29:1335:1057:11 foundations 1922:9 groundwater's 1918:13 historic 1947:24
— feed P131:8 45:23 92:8 four-dairy 11116:24 growth P15:5,1216:22 historically P119:2 59:5 61:23
feedlot 12111:25 21:23 frame 11171:23 guarantees 11160:24 hit 11117:18
feedyard 11152:14 frazier 11I 8:22 guess I1114:20 15:8,20 27:9 32:9 33:6 hits 11153:13
feel P189:16 94:23 95:22 free P128:11 55:1 38:7 43:23 71:6 75:9 86:2 hobby 11190:4
fees 1114:2 free-style 1929:12 guys 1920:20 hog 11110:8
feet 11617:15 12:24 13:1 17:25 18:21 18: freezing 11147:25 H hold 17119:14 22:6 23:9 25:16 50:16 65:
1120:6,6,13,1328:192036:2477:2,14 french PI 21:1252:1556:8,1076:14 13,1595:10,12
95:13 front 12111:1817:2 half 1615:4,8 24:2,2 38:10 50:15 holding 11124:12
felt PI 59:5,21 90:24 93:8 frozen 12123:2,11 halfway 11120:10 holds 11121:21
fences 11134:19 fully 1926:14 hall 117127:428:1429:431:9,1232:372: hollow 11192:10
few PI55:1 87:1 funding 11168:13 1379:5,7,1880:1484:11,1485:11 95:3 home 14111:418:252517:8
field 14I 9:11,13 13:2 53:11 further 17136:2137:15,16,1738:1052: 97:23 homes P140:2494:20,22
Figure I2116:12 49:23 2053:974:2486:587:788:189:2092: hand 11184:7 hope PI 26:16
file P13:20 8:19,2212:12 22:19,21 41:2 18 96:5,22 97:12 98:13 handbook 1416:19 24:1 46:18 50:20 hormones 11116:22
filled 19 49:9 future P127:23 85:22 handed PI 37:13 43:9 62:15 hours 1417:20 17:8 27:14 51:11
_ final 11315:1558:1959:162:2268:2271: handle 17130:132:2033:553:15,2156: house 1939:9
24,2472:16,2374:1579:2383:18 G 795:15 housekeeping P130:931:7
finally 11190:15 gallons P13:25 4:6 6:8,9 59:17 60:4,7, happen 15134:23 63:10 94:18,19 96:14 houses PI 14:23 41:15 42:18
find 11418:129:615:1018:120:730:23 11 happened[2140:1442:25 housing PI 12:7,9,172137:1840:17,
45:4 63:12 68:17 86:16 91:3,16 92:2 93: garden 11127:11 happening P122:1 39:21 91:15 18 94:2
14 gate 17157:1177:4,16,2378:1083:584: happens 1958:25 hundred 11136:24
finding PI 69:22 92:3 23 hard 11154:22 hydrants 14131:16,18,21 32:2
findings 12174:7,15 gather 11154:25 haren[7213:15,1514:1,4,7,11 18:8,19
fine 14122:1077:2478:679:16 gave PI 11:412:1716:1737:2340:24 22:1825:8,1326:2027:928:1829:931:
finished 11110:14 geile 147114:20 17:2224 18:18 22:13 24: 17 32:9 34:8,25 35:12,16,22 36:9 37:11, i.e 11I76:14
fire PI 31:15,16,20 32:1 76:25 77:12 78: 2226:1827:262:11,1383:1064:1,4,15, 2138:172239:640:6,1443:4,1844:25 idea 11142:25
3,19 84:22 18,2465:112466:6,11,16202367:4,8, 45:12,2148:6,1048:4,11,15,18,2350:6, identified 11116:2
— firestone 1115:6 1868:269:7,10,2070:3,15,2271:6,16 19,2451:2452:953:354:9,2255:2556: identify PI 38:1239:442:4,757:10
first 11513:186:118:925:1,126:1,1 34: 72:875:1481:13,16,192283:984:25 3,15,2057:5,2258:13,2559:182560:7, ilk 11190:7
Sheet 5 express-ilk
PARTIAL TRANSCRIPT FROM DECEMBER 13, 2000 RE: DYELAND DAIRY
— illustrate 1985:21 irregular 1151:12 labor I+127:21 little 11+123:625:2129:538:8,1048:4
illustration(98:8 irrelevant 1921:18 labs 1920:20 52:20 79:21 83:1123 88:1
impact P133:22 58:1 94:24 irreparable PI 92:13,1496:15 lagoon 9117:1510:18 12:25 18:2021, live 12187:3,25
impede 12111:10 58:3 irrigate 121 35:4 53:19 23 19:25 20:1,5,8,9,11,12 22:10 24:3 lives 12116:8,9
— important P120:423:19 irrigated Ill 30:21 30:22 47:14,1720,21 53:21 livestock 1515:18 29:6 35:219 45:4
importing 11145:11 irrigating 1130:2231:4 lagoon's Ill 23:4 III 11143:6
impressed 11113:6 irrigation 114111:819:2,6,1420:624:5 lagoons 12116:257:258:2,718:13,14 loading(928:4
improve 12158:3 67:8 30:1931:153:2057:9,10,11,14,25 20:21,2422:1523:2436:7,2148:447:1, local 12180:2590:6
— improvement(1314:284:2065:2,766: isn't 1919:439:2142:1948:2151:469: 11,1248:2449:151:1852:987:20 located 15120:173:1787:689:6,11
24 67:2,5,12,13,25 68:4,12 80:25 18 73:20 79:23 94:15 laid 13126:23 36:1 93:9 location 116111:12 12:2023 18:13,14
improvements 1988:23 isolated 1949:25 land 12815:256:257:517:1618:422:16 20:2334:1036:16,1744:2053:456:4,
inadequate 11162:25 issue(1113:185:610:1513:415:2420: 23:13,1424:17,1826:1930:13,15,16, 2357:1094:696:12
inadvertently III 39:23 2123:1227:1428:1529:2231:21,23 1731:332:13,1835:343:1347:9,1051: long 15126:2331:585:1391:1293:6
inappropriate 11170:16 33:6,1256:11 86:2091:6 953:1964:667:21 88:1824 longmont 1113:16
inch 9151:11 issues 11917:7 9:25 10:1914:13 16:21 landowners 11165:3 look 114:25 23:16,20 46:24 47:8 87:16
inches 1519:21,2224:1746:1950:351: 17:10,12,1320:222:5,1128:2529:10, lands 1121:2089:8 89:12
12 23 30:3 31:15,17 62:24 landscapers 1127:12 looked 11214:15 14:12 17:1219:3 36:13
incidences 1993:7 item III 76:23 lane 12177:2,14 37:2339:953:856:3,473:1794:9
include(2180:2,4 items 15155:202022 90:5,14 language 11 69:25 75:8 78:6 80:11 looking 9817:10,16 9:10 11:12,18 25:
included(2180:291:18 itself P121:1829:16 45:7 large 8116:2247:22 2126:735:1636:1437:2238:1148:2
including P146:347:5 J largely 1165:1386:1 52:1554:1660:1969:1676:385:16
incompatible PI89:1,2 larger 8110:25 24:20 looks PI35:10 83:10,11
incorporate 1975:22 January(998:18 larimer 1616:13,15,239:2,586:20 lose 11124:5
_ incorporations 1916:6 jepson 1219:8 10:10 last!+517:23 9:9 15:23 16:19 17:15 24: losses(4123:25 24:7 30:2525
incorrect 11138:8 jiricek 1+618:959:163:4,4,13,22,2564: 2232:355:1858:1561:1262:16,1664: lost(1124:3
increase(943:12 975:7,13,15,1876:16,920 5,1566:2 lot P215:146:127:192413:614:12,15,
indeed 9144:2 joan 11154:17 later PI13:1533:3 1715:2516:1 17:6,1518:3,22,2319:7
indicate PI 43:374:18 job 1119:4 lateral(157:15 20:1429:530:2334:1145:247:1249:8
indicated P137:589:25 johnes 16154:19,23,2455:1,5,5 laterals 1957:17 53:11 54:223,24 55:4 74:12 78:22 79:
indicates 11162:23 judging 1136:4 latest PI7:373:11 2494:20
indicating 1941:22 julie 14144:1971:1975:379:8 law 11191:8 lots!414:185:1373:990:4
— indication 11181:6 july 1120:7 layer 12128:20 47:18 low 1953:3
individual 11(9:4 jump 11139:2 least 18131:1359:2077:2,1488:1191: lowball(1115:10
indulgence 11189:23 june 11120:7 1495:996:17 lower 12138:3,19
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kinds 1+117:19 main(4124:14 66:14 78:15 93:9
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instances 1+154:16 level 19117:2418:2,7 19:16,19 24:12 28:
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instead P129:14 31:4 22 29:20 49:2
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interject 1183:21 known PI 50:10 q many 17117:13 25:5 32:14,17,25 59:23
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intersection PI 65:666:13,19 L listed P114:2450:272:21 90:1
map 86110:22,2511:412:14,17,1818:
inventory 1925:1 label 9142:16 listening 1992:23—
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Sheet 6 illustrate-map
PARTIAL TRANSCRIPT FROM DECEMBER 13, 2000 RE: DYELAND DAIRY
- 21,22 73:8 80:7,7 morwai II 5:20,25 6:1 23:15,18 469:25 2495:14
maps 1518:11 11:18 16:17 41:13 46:17 most 115:1 7:420:1 26:4 40:22 54:10 northern 11187:8 operational 11149:2
margin 12151:16 98:13 55:19 59:19 83:12 notary 11198:4 operations 1116:10 25:1429:17 32:12
marked 14121:3,4 49:8 80:19 mostly 11120:3 note 11155:4 34:18 61:23 87:8 95:25
— market PI 13:1815:717:2827:628:1 mother 0150:13 notebook 11110:2 opinion 16163:185:1888:1492:1396:
87:19 motion(10183:1685:1,3,1089:2292:17 noted 11178:19 10,15
markers 1)28:12 94:2595:296:497:10 nothing(318:22,2457:22 opportunity 15161:1362:1865:14,15,
marketing 12116:2327:9 mounded 11128:23 nrcf 11156:23 21
— mary 1198:2 move 111111:14,15 12:9,11,23 25:5 30: nrcs 118:1 option 11156:10
material 1145:8 62:23 72:17 14 36:3 84:12 87:23 89:18 nuisance Ill 26:5 options 1913:13
materials 1128:770:892:6 moved 14139:7,1140:1790:8 number 111118:1225:3,4,439:2446:23 order 1418:323:224:1176:4
matter 14111:10 19:4 24:7 95:14 moving 12117:3 34:11 49:11 65:21 66:16,21 93:17,25 ordinance 11179:19 93:10
— maximize 11147:20 ms 16112:2039:1961:2269:15,2270: numbers 1113:216:27:1,1416:117: organic 1928:6
maximizing 1124:15 10,1771:10,21 72:10,1573:275:477: 2520:2523:13,2024:1125:17,1732: orienting 11153:9
mean 1917:1916:2527:648:2150:15 2479:16,20 19,21 47:2,7 59:12 original 14110:2512:1838:1143:11
57:1867:2271:2,3 much 119110:512:2523:1426:527:20 nutrient 16110:3,1128:4,1030:2564:7 originally 12137:1741:11
means Il 22:12 70:3 90:13 98:9 34:336:1748:2059:1694:11 nutrients 11164:11 originate 11176:10
measures 13176:4,1482:21 mullins 111111:236:2241:2,24,2542:3, 0 other 14913:134:155:6229:19,2514:
mechanically 1119:13 9,9,14,21 43:2,14 15 23:19 29:6 31:9 32:22 34:14,19 35:
meet IN 12:7 71:14 78:1,4,9 88:15 91:3 mullins'1940:7 obliged 11190:13 1537:341:1343:244:247:256:1257:
93:10 95:4,18 multiply 1117:19 observatory 11173:9 2,1258:859:861:1162:363:868:24
meeting 1111:17 38:1 must 181 observed 1949:16 45:23 57:3 78:20 70:20 71:12,18 72:1 73:1,23,2476:3,19
11187:24
meets 1991:16 mylar l+171:24 obstructive 79:2,3 80:17,22 88:9,13 90:24 92:6 93:
member 1144:11,18 N obtain 15169:12,25 70:7,12,25 22 96:11,15,16
memory 12152:2291:13 obviously 15129:334:451:1756:1185: other's 11131:18
8 19 11 73:
mentioned 1111:23 22:3 32:7 34:4 37: name 813: others 115:20 44:5 94:1
7 45:18 65:22 77:11 narrative 11174:8 occur 14122:15 50:9 74:13 93:20 otherwise(1)98:15
-- merit 11(98:3 national 1616:1823:2546:1850:2,20 occurs 1+167:20 out 15914:156:18,248:19:8,910:1011:
met 1170:9,11 92:2 93:9,12 55:6 October 11198:19 2412:14,15 13:21 14:1716:12,21 17:4
method 11153:21 natural(1(19:10 odor 1130:7,833:12,14,17,19,21,2234: 18:1,2319:820:1022:323:14,1524:9
microphone 113:1039:4,2042:682:4 nature 1517:78:1218:550:1361:23 1447:13,16,1858:2262:21 63:2 83:19 25:226:1,11,13,2328:7,929:2130:4
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might 16133:764:2066:167:1068:15 near 1112:1022:5 offer 16113:814:18,2115:2,11,19 43:946:1747:749:9,14,2354:7,957:
96:14 nearly III 91:3 office 12118:11 40:23 25 62:15 65:16,16,23 73:3 90:11 92:5
mike 13154:25 85:3 97:6 necessary 14169:13 71:5 76:4 82:22 okay 16513:710:1314:1,10 27:3 31:11 93:9
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milk 114:116:517:1321:5,7,1329:20 need 118111:1422:930:1734:1635:2,4 2442:10,1543:1,7,1944:7,142145:14 outcroppings 1+121:11
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6 78:181:884:1,2 2457:858:760:7,1961:1062:366:8 outside 12180:1190:17
million 1915:12 needed 15113:11 43:2260:1377:1992: 69:670:2371:17,1975:2,2476:2,1877: outward 11157:1,4
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minds 1991:11 needs 15117:339:2449:272:678:9 83:7,2084:3,1085:289:1996:22,24 16,1fi2366:287:488:1693:6
minimum 12122:2346:14 neighbor l+112:5 old 1817:4 9:10 12:18 25:1 26:21 35:18 overhead 1156:2457:26
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mitigation 1155:1881:2098:19 nice 11112:1 2165:666:1668:1669:871:2274:175: p.m 11197:14
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mobile 11140:24 nitrogen's 11124:3 10 93:14 94:17 96:6,9 3 75:14
mode 11115:10 nobody 1116:11,25 one-time 12165:1967:13 panoramas 1190:2
moisture 11129:15 nolan 12150:25 51:2 ones 1157:9 82:15 94:13 paperwork 1110:12
money 01 81:6 none 1133:21 87:2 only 1191 9:20 10:14 20:12 22:21 23:21 paragraph 12160:21 62:16
month 1949:17 noon 11130:17 24:13,20 30:1 36:5 44:16 47:12 83:17 parcels 115:1
months 1317:416:1525:24 nor 12198:14,15 65:1867:1873:2578:1580:2283:6,14 parking(1(78:22
morning IN 30:14,17 31:4 normal 1135:3 open-lot 1929:13 parlor 1121:5,7,13 40:19 48:1,2 56:7
morrison 122138:14,1939:222540:8, normally 1992:22 operate 1186:22 part 1152:2253:1,16,1768:2474:6,11
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12 68:1,6,9,17 80:18,20,22 81:8 36:7 37:6,16,16 40:18 52:7,22 53:9 65: 15 49:3 69:13 71:13 87:17,18 88:7,8 94: participate 11168:13
Sheet 7 map-participate
PARTIAL TRANSCRIPT FROM DECEMBER 13, 2000 RE: DYELAND DAIRY
particular 0152:21 71:1096:17 problem 14120:728:13,1791:9 quick 15133:1369:1775:783:10,22
parties 11198:14 plans 1+314:126:57:627:733:2234:6 problems 11318:18 9:5 10:17,18 29:7,8, quickly 11159:9
partner P17:7 24:8 38:1 42:24 44:13 59:4 63:6,20 83:18 88:6 17,21 47:16 54:3 56:5 85:22 94:6 quit 111 30:17
parts 0113:16 plat 1+8161:20,2462:2263:19,2470:18 proceed 0970:13 quite 194:9
-- passed[214:15 55:10 71:2472:4,6,1079:14,2380:4,7,7,11 proceeding 1986:10 quote 0194:13
past 0127:14 82:24 84:19 proceedings II 3:1 66:2 98:8,11 quoted 1213:2495:21
pasture 12135:7 36:25 plats 12190:10,10 process 1101 5:4 16:18 25:19 26:16 33: quotes 196:18
pattern 11167:21 play 9114:22,23 47:3,11,12 17 47:15,15 58:16 68:7 69:5 R
patterns 11151:13 please 11213:10,11 14:3 17:23 38:13 42: processed 1616:8,9 23:7 47:2,9 58:21
pave 11164:21 8 56:2 64:8,25 66:7 82:3 96:24 product 111 27:12 rain 14150:1,5,8 51:10
paved 1165:3,4 pleasure[1181:12 productivity 11196:1 rainfall 12124:9 49:18
pavement 12165:2368:14 plenty 8124:18,19 products 16126:1330:4,4,592:8,8 raise 11115:1
— paving 0169:4 pocket 11119:24 professional 1317:898:3,22 ranch 0174:22
pay 914:2227:2460:865:16,22 point 1118:513:1321:1932:938:2344: profit 12115:11,15 range 11117:2
paying 1314:817:527:25 1650:353:12,1454:655:367:1873:6, programs 11154:21 rank 11187:10
peculiar 11118:14 2378:1689:1395:5 project 14116:2131:1969:270:5 ras 1115:13
pen 13122:9 29:20,22 pointed 15123:15 37:2438:8 57:25 92:5 projects 1318:9,1416:11 rates 1117:11
pens 114121:23,23,25 29:17,19,22 30:11 pointing 11118:19 proof 11193:1 rather 11110:22
35:19,21,24,2538:445:2576:13 points 9115:2017:1990:11 proper 14136:249:364:6,11 ration 13129:14,1545:1
people 113115:3,4,616:719:1630:24 policy 14188:17,17,1989:8 properly 11125:24 ratios III 23:17
32:13 59:467:24 86:9 87:3 90:8,24 polluted 1+192:5 properties 1318:413:3 90:10 raw 0126:13
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percent 1815:17 6:7 24:2,6 25:19,20 26: poorly 11118:19 10 72:21 77:12 78:17 90:14,17 92:13 really 9113:13 15:7,917:14 34:3 39:17
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perched 13119:12,14,18 position 11156:25 proposed 1518:1912:2 38:15 54:1 74:2 reason 9120:4 24:15 89:24
period 9166:9 76:13 93:6 positive 1921:16 protect 11188:21 reasonable 11193:23
periods 11147:25 possible 15112:2522:1726:636:1844: protection 1217:5 91:25 reasoning 11132:8
— permission 0190:17 11 prove III 93:2 reasons 13134:9 87:10 92:16
permit 1416:133:2472:1685:4 possibly 11172:20 proved 11192:25 reassessed(1121:9
permits 11115:13 potential 9I 15:18 74:13 75:21 91:10, provide 13145:17 88:24 90:20 rebuttal 1212:3 3:12
person(119:2 15 provided 14171:11 73:15 78:20 85:17 received 11155:17
personal 1113:22 poudre 0176:25 provides 12111:25 51:2 recent 1119:9
perspective 1217:14 56:17 pounds 12125:15,16 providing(1170:12 recently 11190:9
petition[214:2281:4 pp 18138:1439:2340:1141:10,13,1442: provision 0196:11 recognized 11187:18
petitioned 1+167:13 19,2043:6 public 11113:844:1558:2062:9,10,14, recommend(1173:21
phase 11173:10 practically 11192:15 17 64:23 90:19 98:4,5 recommendations 1119:16
phenomena 11134:15 practiced III 26:2 pull 12118:9 68:18 recommended 11182:7
phone[1)9:3 precipitation 1119:22 pulled 9112:17 18:10 40:23 recommends 11160:23
phonetic 11149:10 predominantly(2119:2574:14 pulling 11118:23 record 11313:128:2014:343:460:20
photograph 1119:19 preliminary 12164:9 83:19 purchase P113:5,8,9 61:4,8 61:24 63:24 64:2 71:7 73:4,1914:17 80:
physical 11134:19 present 111 88:11 purchased 9113:20,2316:13 60:17,23, 23
picture 12110:23 40:21 presentation 1116:14 25 61:2,9 record-keeping 0)10:1
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piles(127:24 30:9 preserve 11188:23 purported 11149:13 80:9 93:18
pipe 11157:10 preserves 11188:18 purposes 12145:12 88:19 recording 14161:19 62:22 63:19 70:18
pipeline 1+I57:15 pressure 1114:3 put 12817:148:1710:311:1513:3,1714: records 12174:20,25
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pits 11153:20 25 59:12 71:25 1334:6,1335:540:542:2,4,1243:11, reduce(1126:5
place 14127:874:388:793:23 prevent 12147:1856:18 2544:1953:2358:465:273:794:5 reduced 11198:9
placed(1)81:2 previous 8147:761:22 putting 14116:15 31:2 35:1 53:16 reduces 0143:13
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plan 16514:2 6:12 12:19,22 13:12 17:14, priced 111604 Q refer 11155:17
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37:4,7,7,11,142338:11,1741:1,342: primary(11(7:1518:2019:2520:5823: question 115(9:1110:2418:624:2232: referenced(116:21
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22,22,2359:162:2020,21,2263:2,2,2, prime 14121:2074:1088:18,23 69:881:14 referred 12139:2343:5
3,1524 64:10 71:24 72:16,17,23 73:6, prior(618:2510:2013:1262:2263:19 questioning 1216:1451:22 referring 0139:13
1074:1,5,2179:2283:19,20,2088:17 70:18 questions 11616:128:1015:2217:20, reflects 11181:1
-- 89:1590:1293:11,13 probably 8127:1533:835:6,1556:22 2131:1033:2537:343:254:13,1459:8 refute 11716:1
planning 8112:650:1162:9,1969:10 73:20 83:16 92:10,14 61:11,1762:971:1678:380:17 refuted 11117:14
Sheet 8 particular -refuted
PARTIAL TRANSCRIPT FROM DECEMBER 13, 2000 RE: DYELAND DAIRY
regain 11123:3 review 19116:1958:1961:1364:972:15 36:13 38:9,10 47:20,21 48:5 91:22 side 11415:612:1120:1530:19,2031:2
regard 12188:1195:8 80:8 83:18 85:4 86:19 secondly 11(90:8 34:536:2438:2453:5,2356:14,1492:
regarding 1513:189:2564:1275:18,19 reviewed PI 63:6,2086:15 seconds 1117:20 23
registered 1417:8 98:2,3,22 reviewing 12159:463:11 section 1196:1913:16,1772:7,11,24 signature 11198:18
regs PI 88:4,5 reynolds 12114:1,9 74:8,1975:191:17,23 significant 1467:2287:9
regular 11129:23 rid PI 27:25 35:25 secured 11170:19 silt 12119:6,8
regulated 1433:18,19 ridge 16735:936:5,11,14,1553:14 sediment 31153:25 similar 11163:8
regulation PI 10:1722:25 riding 1911:6 see 12516:21 10:4,5,16,18 11:3 12:8 13: simply 11188:3
regulations 0117:11,13 33:13 45:21 right-of-way 12156:21 83:5 11,22 17:11 22:11 23:10 31:2433:8 42: since P19:7 40:2 61:9
50:1958:10,1275:2076:588:2,4 rise 199:14 1847:1049:957:577:2,9,1378:1481: sincerely 1991:7
regulatory 11122:22 risk 11190:18 2490:191:15 site 18615:21,238:249:10,10,1510:15,
rehearse 1945:15 road P1(11:1112:2413:117:519:734: seeing(4(3x711:1936:553:24 2511:712:4,19,2213:21,2214:12,16
— related 12127:1098:13 2436:2037:1940:1849:1553:2556: seemed 12190:793:23 16:1418:9,11,1620:1522:4,8,11,2523:
relative 195:22 14,1864:21 65:4,12664,9,10,11,1267: seems 1817:1113:415:21 40:1450:17 7,1926:14,21,232429:11 32:4,16,20
relettering 1983:2 6,8,16,17,2368:1478:20,22,25,25 94:2,6,10 33:534:1336:1437:4,77,11,1438:5,
remainder 11182:25 roads 12129:25 30:3 seep 1518:7 21:1,11 22:5,6 17 39:7,12 41:1,3 42:1224 43:8,11 44:
remaining 11185:9 roadways 1130:6 seepage 11217:6,10,178:820:2521:24 13,1846:2051:4,1853:7,9,1861:964:
remarkably 11150:1 rodents 11131:6 56:6 75:21,21 76:10 82:19 84:18 13 74:9 79:22 85:16
remember 119:340:549:2450:3,459: roll 11196:24 self-sealing(11 8:4 site's 11122:10
14 68:16 ron 019:7 sell 12115:8 27:18 sites P18:19 10:20 17:4
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removal 11129:23 row 15126:2330:19,2031:253:23 semi(l(25:21 situation RI 16:5,23
renumber(II 85:9 rows 12126:22 27:1 semi-trailer 11125:15 six 121 7:4 16:15
report 1616:1616:121:22,2231:1432: rr 1949:21 semis 0125:23 size 14117:1189:1094:5,24
10 rules 12128:1864:12 send 1910:14 sizing 0147:11
reported 098:21 run(5(24:9 25:23 26:8 54:2 69:13 sense 11180:14 sketch P173:6,1074:21
reporter(5(98:3,3,4,22,23 run-on 11175:21 sentence PI 62:1764:582:25 skipped 11159:10
— reporter's 11198:1 running 12119:652:7 September 12113:12 54:18 skylark 1974:22
representative P13:982:395:10 runoff P146:11,1952:25 septic 14128:15,1829:247:16 slash 11176:12
represented 1915:3 runs 110(26:21 35:1036:6,6,9,1246:20, sequence 11(43:24 slight 0191:11
representing 0140:24 21 65:9,11 serious 1119:5 slope 12114:1436:15
— reproduceable 1972:17 rural 1614:16,16,18,2033:1490:3 serves 11191:13 slopes 11153:5
request 8133:983:17 s service 12173:1874:11 small 1947:19
requesting 12155:2358:18 services 1113:16 smallest(1(5:14
require 16145:2150:1161:2484:1795: saddened 0190:15 setback 1937:1 smells(1(30:12
—. 11 96:10 safety PI51:16 91:2025 sets 0168:20 snowdrift P156:18,21
required 118132:2 45:19 46:14,18,24,25 same 115115:1 22:1 27:430:3,7 35:14 setting 11169:2 soil 11117:17 10:5,1218:1619:23,23 20:
47:5 51:17 54:5,11 76:4,15,25 77:1,22 37:841:1542:2262:1867:271:1290:7 settling 0148:7 3,2221:8,9,17,2522:4,628:656:2264:
80:6 83:4 84:22 93:4 94:13 seven 12115:3,4 12
— requirement P151:871:15 sample 1910:8 seventy 11148:9 soils 14118:1522:874:9,10
requirements 12178:291:4 samples 1910:6 several 1815:199:620:1936:2455:20 solid 14127:2428:188:88
requires(23 53:19 81:1 sampling 0110:13 72:22 93:1920 somebody 12115:8,9
requiring 11162:20 sand 1922:4 sewald P111:3,1612:25 someone 15133:1,1040:441:21 49:9
research 1817:2,2425 8:14,23 21:21 54: sat RI 13:9 38:7 sewald's 13111:1313:15 39:9 sometimes 12145:9 51:11
23 74:20 satisfied PI71:8,10,14 sewer 12173:14,14 somewhat 11124:25
residence 11190:3 Saturated PI 18x422:1623:1 shale P121:2,1122:7 somewhere 8151:1866:1
residences 1929:1 saturation 1947:25 shall P172:1078:12,2579:11,1580:12, sonja P112:8,2040:16
__
residential 11414:16,18,21,2428:1578: save 11191:5 1282:2484:20 sorry 110114:139:6,1944:1059:1069:
13,1685:1520,222589:2,5,9 saw 0119:5 shallow[II 47:22 2072:975:1376:894:14
residents 12186:25 87:25 sawdust 11145:6 shares PI 59:23 60:13,17 sort 0192:23
__ residing 0174:14 saying(5149:1458:2279:9,11,14 sharon 1118:22 source PI 44:23 45:6,11
residual 11110:4 says 11319:361:1,2262:1789:2474:9 shavings 11145:9 sources 1931:8
resolution 11168:19 78:1,2480:11 86:21 88:2091:17,23 sheep 11154:15 south 11515:613:162414:8,2415:17
scale 12189:5,9
resolve 11183:16 sheets III 50:24 20:4 21:5 34:5,22 36:23 38:3,24 87:4
resolved 12183:12,15 scanned 1+163:7 shielded 1957:3 93:19
respond 1990:23 science 11118:7 shift 11137:8 southeast 8714:1678:22
scot(015:4
response 1996:7 short RI 26:21,22 southern 12153:8,13
responsible 1965:12 seal 11198:18 shortcut 11177:5 southwest P111:2135:936:1553:5,12
rest 19 83:3 seals 11122:2 show P112:20 42:22,23,2443:12 44:20 57:15
restated 1924:1 season 8119:1520:6 45:16 49:13 southwesterly-northeasterly 11153:
restrictive 1974:12 second 11415:14,157:1816:1239:16 showed P121:22 37:17 95:10 10
result 32174:1498:16 65:1478:2082:184:2485:1,386:769: showing 1413:2057:2466:9,10 special(4(68:1272:1580:2485:3
16 91:22
retainage RI 50:16 92:12 shows 1137:15,16 38:22,25 41:15 53:7 species 0188:13
retention 13146:1447:4,7 secondary 03119:120:1,9,11,1224:15 65:25 specific 815:21,236:1618:1650:2551:
Sheet 9 regain -specific
PARTIAL TRANSCRIPT FROM DECEMBER 13, 2000 RE: DYELAND DAIRY
478:5 stronger 1+184:4 there's 14316:167:12,22,248:2219:5, two 12015:810:712:1613:2116:1317:8
specifically[5129:10 67:14 87:3 88:17 structure 12147:5,8 23,2412:1,21 13:414:1718:2 19:16 20: 18:8 21:2 25:4 31:9 40:23 42:24 44:13
89:14 structures P158:5 58:1,1 21 21:2 22:14 23:19 24:6 29:5 34:23 35: 52:3 54:18 59:3,6 86:3 91:5,5
specifications 11120:24 struggled 12192:20 96:16 9 36:1,10 37:1 38:16 40:15,15 42:1849: type[7121:17 28:11 84:13 70:19 77:3,3,
spell N23:11 stuck 12141:21 42:2 1 51:16 52:3 53:6 55:5 57:22 65:18 69: 15
spend 11116:16 stuffs 11145:23 11 74:8 79:24 82:23 83:23 86:24 types 12120:22 85:25
spent 1218:23 11:6 subdivision P15:10 73:9,16,17,25 74: thereafter 1998:9 typewritten 1998:9
spilled[1145:23 2,3,23 they've 14170:9 71:1 94:7,7 typically 13129:16 58:25 68:19
-- sponsored 12141:10,23 subdivisions 14173:24,25 86:1 93:17 thing's 11122:1 u
spot 12139:1253:3 subject PI 27:474:989:10 thoroughly 9116:20
sprawl 12190:3,5 submit 12183:1471:24 though 16743:2255:2286:1991:1192: uh-oh 11141:3
spread PI 28:929:2165:23 submittal 1219:110:20 793:1 uhm-hum P137:20
spreading 11128:11 submitted 1+019:713:12 37:12 38:5,18 thousand 1/13:25 4:1,6 6:8 59:15,16 under 118111:11 20:5,7,9 21:18,25 22:5
spreads 11126:13 39:1440:1555:1062:2371:13 60:11 33:13,1935:253:1684:568:972:3,11,
spring 12150:491:12 substantially 1920:16 three PI 8:21 16:20 17:15 25:4,24 66:2 1574:779:8
sprinkler PI 24:430:2431:1 sudden 199:1 80:3 86:9 understand P148:12 82:14 93:2
sprinkling 1930:2 sufficient 1145:4 threshold 13133:14,17,20 understanding 1119:13
square PI 11:21 suggested 121 82:15 83:1 tied 1915:16 unfounded 11155:12
squares[2112:1640:23 suggesting 12170:2477:7 tight 11121:24 unit 1923:17
_ squeeze[2136:19 38:4 suggestion 12175:20 80:10 timing 12130:13 31:3 university 1417:317:17 51:1 55:11
squeezed 12112:339:7 suggestions 11111:7 today 12162:15 63:12 unless[980:9
staff PI 9:2 89:8 70:11 71:10,18 73:21 suggests 1964:10 today's PI 87:19 unload 9190:25
79:482:7 summarize 11188:14 together 1518:17 10:3 13:7 16:16 65:2 unrealistic PI 95:16
standard 95151:7,1569:19,2377:8,18, summer 12111:1 43:16 tom 1413:1513:2339:144:22 unreasonable 11195:17
20,21 78:7 83:2,24,25 84:21 85:895:18 summertime 11143:10 ton 12127:2528:5 until PI 83:16,24
standards 11418:9 20:17 61:14 89:16, supply 13127:11 59:1221 tons 13124:23 25:3,14 up 15413:10,17 4:9 5:925 8:24 12:17 15:
18,2177:1082:784:1585:5,987:2291: support 12122:991:2 took 13119:2142:2248:3 2,18,2318:1520:1630:2432:2134:13
18,24 supporting 918:22 top 16122:534:742:248:21,2352:13 35:436:637:1838:5,939:4,740:3,7,23
standing 12111:18 30:12 surface 112148:3,13 47:1,19 76:10 77:3, topo PI53:6,7 41:6,21 42:2,6,13 43:822,22 44:19 46:
standpoint[1132:25 15,23 78:10 82:19 83:5 84:17 torn[936:3 2347:454:1557:13,2459:11,2560:14
start 1316:238:1417:2222:3,2350:22 surrounding P14:1343:1072:20 total 17123:2224:1747:448:1,994:2,10 61:2367:1068:1869:273:5,776:2480:
— 92:21 suspect 12128:21,24 touch 11133:7 1182:384:892:1595:12
started P111:12 40:3 sustainable[1124:8 touched 11137:5 update 11158:11
starts 12126:13 49:13 sybraun[949:10 toward P116:1435:952:22 updated 1958:11
state 12013:11 7:2,8,11 8:16 9:8 15:2 17: system 1916:6 24:5,8 28:23 47:9 50:16 traffic PI29:25 58:2 65:25 66:4 67:10, upfront 11165:22
1718:11 20:18 21:15 33:13 45:21 49: 53:17 67:16 68:18 21,22 77:15 upgrade 12160:8 68:13
1550:1951:1,2,3,854:2055:1,1159:2 systems 12110:1828:15 trailer 1944:20 upgraded 11111:11
64:12 85:4 82:24 91:8 98:5 T transcript ill 98:11 upgrades 1114:3
stated 1216:289:14 transcription 11198:10 upper +119:16
statement 11121:20 tailwater 13119:4,7 53:20 transmittal 11188:12 urban 1515:5,12 89:5,8 90:3
statements 12131:14,14 talked 1+2111:815:11 20:19,19,20 31:16 transported 11155:13 usage 11160:23
states 1315:20 21:14,17 34:4,12 38:2 52:25 59:11 83:13 treated[II35:14 usda 11174:10
statistics[965:25 talks P132:11,1254:1855:2260:2261: treatment III 60:25 uses 16123:1630:1988:2589:393:14,
status 11167:15 19 72:4,16 82:18 trees 16113:3 34:6,19 38:25 38:9 56:23 15
stay[1120:4 tap P13:20 4:4 59:20 tremendous 11194:24 usgs 11153:7
still[6115:2,547:1785:1386:2194:4 task 12155:56 trench 11176:15 usr PI 33:938:684:12
_ stock P127:24 30:9 32:23 taxes 1114:23 trevor 1419:9 59:1 63:4 75:5 utilize 11178:15
stockpiling 11126:1 taylor 11149:10 triangle III 35:14 V
stonestreet 13112:8,20 40:16 technologically 11126:6 tried PI 12:23 36:22 94:7
stop 151:17 technology 11133:4 trigger 11167:24 vaad 12144:8,22 45:10,14 46:5,7 48:1,
PI
template 12,16,1949:6,2250:7,2351:19,2584:9
stops 11116:4 P triple 11142:17 89:21 93:5 95:8 96:6,9,25 97:1
terms 11168:5
storage I+9 9:17 23:4,5,9 24:19 45:15 truck 14128:7,10,11 58:2 valley 11176:25
47:12,2378:1295:12,13 terry 12516:811:1413:8,10,18,2314:11 trucked 11128:15
stored PI 76:16 18:5 23:17 25:12 28:11 32:16 34:12,13 trucks[4125:5,7 26:8,9 value 11187:8
37:21 38:2 3 39:1,6,9 52:10,16 58:6 60: various 11118:4
storm[16122:20,21,22,23 23:6 24:13 45: true P121:21 51:19 vet[1154:25
1648:16,1648:20,2549:551:1591:6 25 try 11120:4 veterinarian's 11155:8
95:11 96:11 terry's 1618:1111:1117:525:1035:3 trying[5115:4 21:19 42:22,23 68:17 87:
stormwater P19:2045:2246:3,10,25 47:8 14 viability 11187:14
testify vicinity 12 72:22 73:8
11155:14
47:553:1758:21tuck 1936:16
straight 11117:16 testimony I I2:38:11,2418:3 40:7 43: tune 1117:2 view 11174:12
g 14 52:20 55:9,15 59:14 84:19 73:4 76: virtually P15:16 30:8 87:2
straw[945:9 turn PI 3:1259:1 91:5 virus 1154:19
street 9198:7 2486:7,12,14,15,1992:2493:21 turned[218:2457:24
testing 12120:20 54:24 vision 11137:25
— stricter PI 83:25 turning PI 53:9 visited 19 11:2
string 1215:7,13 theory 1+125:1 turnkey 11116:10
Sheet 10 specific-visited
PARTIAL TRANSCRIPT FROM DECEMBER 13, 2000 RE: DYELAND DAIRY
visual 14134:10,10,1436:18 winter 12110:923:10
volume 16125:20 29:15 46:11,2425 65: wish 14139:3 75:6 80:23 90:1
25 withdraw 11173:12
volumes 12144:2447:5 withdrawn 12173:20,21
vote 15189:22,2492:1696:2497:11 within 16123:262:1 67:1574:1 89:1693:
voting 13194:25 95:2 96:3 19 98:4,16
W without 161 23:10 41:22 45:5 70:13 89:1
94:19
wait 13113:11 65:13 81:25 witness 11198:17
waiting 11113:14 wondering 11179:13
walking 11157:6 words 11184:19
wanted 11014:20 20:4 26:23 51:22 64:1 work 113122:8,10 27:15 28:18 31:20 39:
68:2 73:18 74:16 80:5 95:22 10 48:17 56:22 66:25 69:1,2 84:21 85:
wants 11115:8 24
waste N 6:20 27:20 62:22 63:3 88:5 working 141 20:17 25:10 32:1 39:21
wastewater 1716:8,10 23:7 35:5 47:9 works P126:14 62:10 64:23
58:21 83:19 worth 11159:15
water 16213:18,19,25 4:8 7:15 9:2324 written 1217:23 31:14
11:10 17:6,7 19:12,14,18 20:7 23:14,15, wrote 13112:10,14 40:19
18 28:25 30:12,23 46:25 47:2 49:1 52:6,
11,13,17,21 54:3,5 58:3 59:12,16,20,21,
21,23 60:1,1,3,9,13,23,25 61:7,9 69:13, yard 12111:18 37:23
2570:1,4,7,12,13,13,2571:2,9,1576: year 11414:77:21,248:5,610:4,8,1318:
10 82:19 84:18 92:5 4 23:8,8 24:14 50:4 67:2
water's 1214:10 70:19 year-and-a-half 11113:20
water-holding 11128:7 year-round 1119:23
way 1121 17:25 26:4 28:18 30:1 34:18 35: years 115113:21 16:13 17:1 24:10 25:11,
14 51:21 52:5,6 60:1 72:23 79:19 12 33:8 35:3 65:10,11,16,16,23 93:8,20
ways 11190:1 yesterday 12155:9,14
weather 12147:25 51:12 yield 11119:19
wednesday 11144:19 yields 11119:19
week 12]9:10 13:15 young 11I 32:23
weld 11514:17 8:15 13:1 17:4 49:14,15 yourself 12139:5 42:7
56:18 65:3 66:8,10,12 68:14 70:1 89:25 Z
91:21
welfare 12191:20,25 zipped 11112:15
wells 11119:16 zone 1414:19,22 74:19 75:1
west 11119:12 20:15 36:12,23 37:18 38: zoned 12190:2 95:24
23 39:11 53:13 56:14 65:6 66:12 zones 1214:24,24
wet 11130:11 zoning 1614:17,1912:6 88:21,23 93:10
wetlands 11152:24
whatever 12127:7 84:12
whatsoever 11123:10
whereabouts 11166:11
whereof 11198:17
whereupon 1113:1
whether 14168:22 71:4,4 90:3
who's 1217:7 65:12
whoever 11183:15
whole 11017:19 14:17 23:8 36:3,6 43:8
51:18 53:16 88:20 94:9
width 14177:2,13,23 78:10
wiggins 12117:5,6
will 15113:8,8 4:7 6:9 11:9 14:2 19:14 21:
—. 10 22:6 25:16 28:10 32:2 33:17 35:623
42:17 44:23,24 52:12 53:14 54:10 56:
11,17,20 57:1 58:16 62:17 68:21 69:24,
25 72:3,11,19,24 80:7 83:16 84:11,25
85:8,13,21 87:21 88:2,21 89:10,24 91:
19 92:16 95:2 96:3,10
willing 0117:19
wind 11187:3
windrow 11126:15
windrows 11126:14
Sheet 11 visual -zoning
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