HomeMy WebLinkAbout20010220 INVENTORY OF ITEMS FOR CONSIDERATION
Applicant Kerb's Dairy Case Number AmUSR-820
Submitted or Prepared
Prior to At Hearing
Hearing
1 Planning Commission Resolution
2 Staff Comments (Two sets, one with County Code, one with ZO) X
3 Department of Planning Services field check form X
4 Field check by Planning Commissioner X
5 Letter to Applicant X
6 Letter to Applicant re: complaint, letter from Trevor Jiricek X
7 Legal Notifications X
8 Application (74 pages) X
9 Referral list X
10 Colorado Division of Wildlife, referral received 12/08/00 X
11 Unknown referral response, received 11/21/00 X
12 CSU Office of Extension, referral received 12/11/00 (2 pages) X
13 CDOT, referral received 12/15/00 X
14 Weld County Dept. of Public Health & Environment, referral X
received 12/13/00 (4 pages)
15 Weld County Dept. of Public Works, referral received 12/01/00 (2 X
pages)
16 Platte Valley School District Weld RE-7, referral received 12/01/00 X
(6 pages)
17 Weld County Building Inspection, referral received 11/20/00 (2 X
pages)
18 Weld County Zoning Compliance, referral received 11/16/00 X
19 8Yz' X11" maps (7pages) X
20 Certificate of Conveyance and Title Commitment (24 pages) X
21 Letter from Dilka, received 01/12/01 (2 pages) X
22 Letter from Dunker, received 01/12/01 (2 pages) X
23 Letter from Vance, received 01/10/01 (2 pages) X
24 Surrounding Property Owners (24 pages) X
25 North Weld County Water District letter dated October 31, 2000 X I EXHIBIT
---EL____ 2001-0220
rnL&*LID
26 Well Permit# 169782 X
27 Well Permit# 164265 X
28 Septic Permit#SP-0000598 (Dairy Barn, approved, not finaled) X
29 Septic Permit#SP-9700269 (Mobile home, issued, not finaled) X
30 Soil Survey, 6 pages X
31 24" X 36" map X
32 Photo of Sign Posting X
33 Letter from Tergeson, received 01/16/01 X
33 Items submitted at planning commission
I hereby certify that the 33 items identified herein were submitted to the Department of Planning Services at
or prior to the scheduled Planning Commission hearing. I further certify that these items were forwarded to
the Clerk to the Board's office.
Julie A. Chester*Lead Planner
?fot`,*
LAND USE
APPLICATION
SUMMARY SHEET
COLORADO
Case #: AmUSR-820 Hearing Date: January 16, 2001
Applicant: Kerb's Dairy/First Commercial Bank, 33440 WCR 55, Gill, CO 80644
do AgPro Environmental Services, LLC,4311 Highway 66, Suite 4, Longmont, CO,
80504
Request: A Site Specific Development Plan and a Special Review Permit for an Agricultural
Service Establishment primarily engaged in performing agricultural, animal
husbandry, or horticultural services on a fee or contract basis, including Livestock
Confinement Operations (the redesign and expansion of an existing dairy and
animal confinement operation)for a 5000 head dairy in the Agricultural Zone District
Legal Description: SW4 of Section 15, T6N, R64W of the 6th P.M., Weld County, Colorado
Location: East of and adjacent to WCR 55, North of and adjacent to State Highway 392
Size of Parcel: +/- 158 acres
POSSIBLE ISSUES SUMMARIZED FROM APPLICATION MATERIALS
The criteria for review of this Special Review Permit is listed in Section 23-2-220 of the Weld
County Code.
The Department of Planning Services' staff has received responses from the following agencies:
• Colorado Division of Wildlife, referral received December 8, 2000
• Colorado State University, Cooperative Extension, referral received December 11, 2000
• Colorado Department of Transportation, referral received December 15, 2000
• Weld County Department of Public Health and Environment, referral received December
13, 2000
• Weld County Department of Public Works, referral received December 1, 2000
• Platte Valley School District, Weld RE-7, referral received December 1, 2000
• Weld County Building Inspection, referral received November 20, 2000
• Weld County Code Compliance, referral received November 16, 2000
EXHIBIT
.92
Kerb's Dairy,AmUSR-820, Page 1
I • " n4, SPECIAL REVIEW PERMIT
I V1 ADMINISTRATIVE REVIEW
WIOc
COLORADO
PLANNER: Julie A. Chester HEARING DATE: January 16, 2001
CASE NUMBER: AmUSR-820
APPLICANT: Kerb's Dairy/First Commercial Bank, 33440 WCR 55, Gill, CO 80644
c/oAgPro Environmental Services, LLC,4311 Highway 66, Suite 4, Longmont, CO,
80504
REQUEST: A Site Specific Development Plan and a Special Review Permit for an Agricultural
Service Establishment primarily engaged in performing agricultural, animal
husbandry, or horticultural services on a fee or contract basis, including Livestock
Confinement Operations (the redesign and expansion of an existing dairy and
animal confinement operation)for a 5000 head dairy in the Agricultural Zone District
LEGAL DESCRIPTION: SW4 of Section 15, T6N, R64W of the 6' P.M., Weld County,
Colorado
LOCATION: East of and adjacent to WCR 55, North of and adjacent to State Highway 392
SIZE OF PARCEL: +/- 158 acres
PARCEL NUMBER: 0801-15-000054
THE DEPARTMENT OF PLANNING SERVICES' STAFF RECOMMENDS THAT THIS
REQUEST BE APPROVED FOR THE FOLLOWING REASONS:
1. The submitted materials are in compliance with the application requirements of Section 23-
2-260 of the Weld County Code.
2. It is the opinion of the Department of Planning Services's staff that the applicant has shown
compliance with Section 23-2-220 of the Weld County Code, as follows:
a. Section 23-2-220A.1 -- That the proposal is consistent with Chapter 22 and any
other applicable code provisions and ordinances in effect. A.Goal 1 states,
"Preserve prime farmland for agricultural purposes which foster the economic health
and continuance of agriculture." The U.S.D.A. Soil Conservation Map indicates that
the property is"irrigated land, not prime". A.Policy 1 states, "Agricultural zoning will
be established and maintained to protect and promote the County's agricultural
industry." The proposal will also benefit those commercial and industrial uses
directly related to agriculture, as well as benefit the farmers in the area who will
provide feed and other products to the dairy.
b. Section 23-2-220A.2 -- The proposal is consistent with the intent of the (A)
Agricultural Zone District. The property is zoned Agricultural and Section 23-3-
40.B.16 states that Agricultural Service Establishments primarily engaged in
Kerb's Dairy,AmUSR-820, Page 2
performing agricultural, animal husbandry, or horticultural services on a fee or
contract basis, including livestock confinement operations, are permitted as a Use
by Special Review in the Agricultural Zone District.
c. Section 23-2-220.A.3 --The uses which would be permitted will be compatible with
the existing surrounding land uses. USR-820 was approved by the Board of County
Commissioners on March 30, 1988 for a Site Specific Development Plan and
Special Review Permit for a 2500 Head Dairy. The Board determined that the use
was compatible with existing, surrounding land uses, at that time. Surrounding land
uses include other farming operations and several residential homes, in a primarily
rural location. The expansion of the dairy to 5000 head will remain compatible with
existing surrounding land uses.
Conditions of Approval and Development Standards will ensure that any
incompatibilities will be mitigated. The Conditions of Approval and Development
Standards will ensure the health, safety and welfare of the citizens of Weld County.
d. Section 23-2-220.A.4 --The uses which would be permitted will be compatible with
future development of the surrounding area as permitted by the existing zoning and
with the future development as projected by the comprehensive plan or master
plans of affected municipalities. The proposed expansion is not within a three mile
referral area of any municipality.
e. Section 23-2-220.A.5 -- This proposal does not lie within any Overlay Districts.
f. Section 23-2-220.A.6 — If the use is proposed to be located in the Agricultural Zone
District, the applicant shall demonstrate a diligent effort to conserve prime
agricultural land in the locational decision for the proposed use. The property is not
indicated as having prime soils, as stated previously and the use of a dairy has
occurred on the property as a Use by Special Review since 1988.
g. Section 23-2-220.A.7--There is adequate provision for the protection of the health,
safety and welfare of the inhabitants of the neighborhood and the County. The
attached Conditions of Approval and Development Standards ensure the protection
of the health, safety and welfare of the inhabitants of the neighborhood and the
County.
h. Section 23-4-710 --The applicant shall comply with the additional requirements of
the Livestock Feeding Performance Standards.
This recommendation is based, in part, upon a review of the application materials submitted by the
applicant, other relevant information regarding the request, and responses from referral entities.
The Department of Planning Services' staff recommendation for approval is conditional upon the
following:
1. The attached Development Standards for the Special Review Permit shall be adopted and
placed on the Special Review Plat prior to recording the plat. The completed plat shall be
delivered to the Department of Planning Services and be ready for recording in the Weld
County Clerk and Recorder's Office within 180 days of approval by the Board of County
Commissioners. (Department of Planning Services)
Kerb's Dairy,AmUSR-820, Page 3
2. Prior to recording the plat:
A. The facility shall demonstrate compliance with the Confined Animal Feeding
Operations Control (CAFO) Regulations and the additional requirements outlined
below. This shall be demonstrated by submitting a comprehensive manure and
waste water management plan, for a 5,000 head dairy, to the Weld County
Department of Public Health and Environment for review and approval. This plan
shall include, but not be limited to the following:
(1) Demonstration that all manure stockpile areas and waste water collection,
conveyance, and retention facilities are adequately sized and constructed
to handle and retain the storm water run-off generated from a twenty-five
year, twenty-four hour storm event. This shall be conducted by a Colorado
Registered Professional Engineer. (Department of Public Health and
Environment)
(2) Demonstration that any existing or proposed waste water retention structure
has been, or will be constructed in accordance with the criteria described in
the CAFO Regulations. The demonstration shall be conducted by a
Colorado Registered Professional Engineer. (Department of Public Health
and Environment)
(3) A site map demonstrating the layout of the site. This should include the
locations of all pens, structures, feed storage areas, any water courses
through the property, manure storage areas, lagoons, etc. (Department of
Public Health and Environment)
(4) A surface contour map which demonstrates all surface water control
features on the site. This should include surveyed surface elevations,
indicate flow direction, run-on control features, etc. (Department of Public
Health and Environment)
(5) Demonstration that the facility has the ability to manage and/or land apply
manure and waste water at agronomic rates in accordance with the CAFO
regulations. (Department of Public Health and Environment)
(6) Demonstration that adequate measures are in place to prevent any
discharges except those which are allowed by the CAFO Regulations.
(Department of Public Health and Environment)
(7) Other necessary measures which are required in order to comply with the
CAFO Regulations. (Department of Public Health and Environment)
(8) A description of the types of records that will be maintained on the facility,
as required by the CAFO Regulations. (Department of Public Health and
Environment)
(9) A plan to appropriately land apply or dispose of the stockpiled manure on
the northern portion of the facility.
Kerb's Dairy,AmUSR-820,Page 4
B. In accordance with CAFO,the applicant shall submit the facility's manure and waste
water management plan to the Colorado Department of Public Health and
Environment for review and comment. (Department of Public Health and
Environment)
C. A dust abatement plan shall be submitted to the Weld County Department of Public
Health and Environment for review and approval. (Department of Public Health and
Environment)
D. A fly control plan shall be submitted to the Weld County Department of Public
Health and Environment for review and approval. (Department of Public Health and
Environment)
E. An odor control plan shall be submitted to the Weld County Department of Public
Health and Environment for review and approval. (Department of Public Health and
Environment)
F. The septic systems serving the northern-most mobile home and the dairy barn shall
be permitted and installed in accordance with current regulations regarding
Individual Sewage Disposal Systems. (Department of Public Health and
Environment)
G. Evidence shall be submitted that the facility has a design and operations plan, as
required by Section 1.4.1 of the Regulations Pertaining to Solid Waste Disposal
Sites and Facilities (6 CCR 1007-2), approved by the Solid Waste Unit of the
Colorado Department of Public Health and Environment,for the disposal pit located
on the east portion of the property or the facility shall remove the debris and provide
evidence to the Weld County Department of Public Health and Environment that it
was disposed at an approved disposal facility. (Department of Public Health and
Environment, Department of Planning)
H. The new access point for the construction of a septic field, shall be closed. The
main access will be the only point of access utilized. No additional accesses are
granted. (Department of Public Works)
The noxious weeds existing on the property or noxious weeds which become
established as a result of the proposed development is the responsibility of the
applicant/landowner. The applicant/landowner shall be responsible for controlling
the noxious weeds, pursuant to Section 15-1-10 of the Weld County Code. The
applicant shall address the noxious weed problem with Ron Broda, Weld County
Department of Public Works. Evidence of compliance shall be submitted to the
Department of Planning Services. (Department of Public Works)
J. The applicant shall address the requirements of Platte Valley School District RE-7
as stated in the referral response received December 1, 2000. Evidence of such
shall be submitted in writing to the Weld County Department of Planning Services.
K. The facility shall demonstrate compliance with Section 23-4-710 of the Weld County
Code. (Department of Planning Services, Department of Public Health and
Environment)
L. If any work associated with this project requires the placement of dredge or fill
material, and any excavation associated with a dredged or fill project, either
Kerb's Dairy,AmUSR-820,Page 5
temporary or permanent, in waters of the United States which may include
ephemeral, intermittent and perennial streams, lakes, ponds, or wetlands at this
site, this office should be notified by a proponent of the project for proper
Department of the Army permits or changes in permit requirements pursuant to
Section 404 of the Clean Water Act. (Army Corps of Engineers)
M. The Building Code Violation, case number VI-9900236, shall be closed and
evidence submitted to the Department of Planning Services. (Department of
Planning Services)
N. The plat shall be amended to delineate the following:
1) All oil and gas equipment located on the property and a 150-foot setback
radius from any existing wells or 200-foot radius of any tank battery or other
oil and gas equipment. (Department of Planning Services)
3. Prior to the release of building permits:
A. Proper building permits shall be obtained prior to any construction, demolition, or
excavation. Part of the permit application process includes a complete plan review.
(Some buildings may be exempt from building permits. Permits are always required
for utilities. Check with Weld County Building Department before any construction
is started). (Weld County Building Inspection)
B. Electrical permits shall be obtained for site lighting, pumps, or other equipment
located at the dairy. (Weld County Building Inspection)
C. Electrical work shall conform to the 1999 National Electrical Code(NEC). All wiring
in damp areas, such as where livestock are present, shall be suitable for that
location. All metal structures or metal parts of structures where animals are present
shall be bonded and grounded as required by Articles 547 and 250 of the NEC.
(Weld County Building Inspection)
D. All manufactured homes/mobile homes shall have building permits. (Weld County
Building Inspection)
E. Complete drawings shall be submitted to the Galeton Fire Protection District for
review. (Weld County Building Inspection)
F. Additional requirements or changes may be required when building applications or
plans are reviewed by the Weld County Building Inspection Department or the Fire
District. (Weld County Building Inspection)
G. Chemicals or petroleum products shall not be stored inside buildings unless such
buildings meet the applicable requirements found in the 1997 Uniform Building
Code. Outside storage shall meet the restrictions of the 1997 Uniform Fire Code
and the 1999 National Electrical Code (NEC).
4. The Special Review activity shall not occur nor shall any building or electrical permits be
issued on the property until the Special Review plat is ready to be recorded in the office of
the Weld County Clerk and Recorder. (Department of Planning Services)
Kerb's Dairy,AmUSR-820,Page 6
SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Kerb's Dairy, c/o AgPro
AmUSR-820
1. A Site Specific Development Plan and a Special Review Permit for an Agricultural Service
Establishment primarily engaged in performing agricultural, animal husbandry, or
horticultural services on a fee or contract basis, including Livestock Confinement
Operations (5,000 Head Dairy) in the Agricultural Zone District, as indicated in the
application materials on file in the Department of Planning Services and subject to the
Development Standards stated hereon. (Department of Planning Services)
2. Approval of this plan may create a vested property right pursuant to Article VIII Section 23-
8-10 of the Weld County Code. (Department of Planning Services)
3. Fugitive dust shall be controlled on this site. The facility shall be operated in accordance
with the approved dust abatement plan at all times. (Department of Public Health and
Environment)
4. All liquid and solid waste shall be stored and removed for final disposal in a manner that
protects against surface and groundwater contamination. (Department of Public Health and
Environment)
5. There shall be no permanent disposal of solid wastes, as defined in the Regulations
Pertaining to Solid Waste Disposal Sites and Facilities (6 CCR 1007-2), at this site.
(Department of Public Health and Environment)
6. The facility shall maintain compliance with Confined Animal Feeding Operations Control
Regulations (5 CCR 1002-19) and, Section 23-4-710 of the Weld County Code.
(Department of Public Health and Environment)
7. This facility shall adhere to the maximum permissible noise levels allowed in the Light
Industrial Zone as delineated in 25-12-103 C.R.S., as amended. (Department of Public
Health and Environment)
8. Any required NPDES Permit shall be maintained in compliance with the Water Quality
Control Division of the Colorado Department of Public Health& Environment. (Department
of Public Health and Environment)
9. The facility shall not discharge run-off or other waste waters to surface or groundwater with
exception to what is allowed by the Confined Animal Feeding Operations Control
Regulations. (Department of Public Health and Environment)
10. Waste materials, not specifically addressed by other development standards, shall be
handled, stored, and disposed in a manner that controls fugitive dust, blowing debris, and
other potential nuisance conditions. (Department of Public Health and Environment)
11. The applicant shall remove, handle, and stockpile manure from the livestock area in a
manner that will prevent nuisance conditions. The manure piles shall not be allowed to
exist or deteriorate to a condition that facilitates excessive odors, flies, insect pests, or
pollutant runoff. The surface beneath the manure storage areas shall be of materials which
are protective of State waters. These areas shall be constructed to minimize seepage or
Kerb's Dairy,AmUSR-820, Page 7
percolation of manure contaminated water. In no event shall the facility impact or degrade
waters of the State in violation of the Confined Animal Feeding Operations Control
Regulation (5 CCR 1002-19). (Department of Public Health and Environment)
12. The facility shall be operated in accordance with the approved odor abatement plan. Odors
detected off site shall not equal or exceed the level of fifteen-to-one dilution threshold, as
measured pursuant to Regulation 2 of the Colorado Air Pollution Control Regulations.
Additional controls shall be implemented at the request of the Weld County Department of
Public Health and Environment in the event odor levels detected off-site meet or exceed
the level of fifteen-to-one dilution threshold, or in the judgement of the Weld County Health
Officer, there exists an odor condition requiring abatement. (Department of Public Health
and Environment)
13. A spillage retention berm shall be required around any fuel container with a volume greater
than 50 gallons. The volume retained by the spillage berm should be greater than the
volume of the largest tank inside the berm. (Department of Public Health and Environment)
14. The facility shall be operated in a manner to control flies. The facility shall be operated, at
all times, in accordance with the approved fly control plan. Additional fly control measures
shall be implemented at the request of the Weld County Department of Public Health and
Environment in the event that flies (which can be determined to be associated with the
facility) are in such a number to be considered a nuisance condition. The plan shall also
be implemented in the event the Weld County Department of Public Health and
Environment receives a significant number of fly (associated with facility) complaints, and
in the judgement of the Weld County Health Officer, there exists a fly condition requiring
abatement. (Department of Public Health and Environment)
15. Any septic system located on the property must comply with all provisions of the Weld
County Individual Sewage Disposal System Regulations. (Department of Public Health and
Environment)
16. There shall be no burning conducted at the site, with exception to burning defined as
"agricultural open burning" as defined by Regulation No. 1 of the Colorado Air Quality
Control Commission Regulations. (Department of Public Health and Environment)
17. The facility shall be operated in accordance with the approved manure and waste water
management plan. (Department of Public Health and Environment)
18. The hours of operation are up to 24 hours per day, 365 days per year. Equipment
operations,trucks,farming activities and maintenance activities other than emergencies will
occur primarily during daylight hours. (Department of Planning Services)
19. All construction on the property shall be in accordance with the requirements of Chapter 19
of the Weld County Code. (Weld County Building Inspections)
20. The property owner or operator shall be responsible for complying with the Design
Standards of Section 23-2-240 of the Weld County Code. (Department of Planning
Services)
21. The property owner or operator shall be responsible for complying with the Operation
Standards of Section 23-2-250 of the Weld County Code. (Department of Planning
Services)
Kerb's Dairy,AmUSR-820, Page 8
22. Personnel from the Weld County Departments of Public Health and Environment and
Planning Services shall be granted access onto the property at any reasonable time in
order to ensure the activities carried out on the property comply with the Development
Standards stated herein and all applicable Weld County Regulations.
23. The Special Review area shall be limited to the plans shown hereon and governed by the
foregoing standards and all applicable Weld County regulations. Substantial changes from
the plans or Development Standards as shown or stated shall require the approval of an
amendment of the Permit by the Weld County Board of County Commissioners before such
changes from the plans or Development Standards are permitted. Any other changes shall
be filed in the office of the Department of Planning Services.
24. The property owner or operator shall be responsible for complying with all of the foregoing
Development Standards. Noncompliance with any of the foregoing Development Standards
may be reason for revocation of the Permit by the Board of County Commissioners.
Kerb's Dairy,AmUSR-820, Page 9
ti&
I DEPARTMENT OF PLANNING SERVICES
CPHONE (970) 353-6100, EXT.3540
FAX (970) 304-6498 1555 N. 17TH AVENUE
COLORADO GREELEY, COLORADO 80631
November 14, 2000
AgPro Environmental Services
Attn: Sharyn Frazer
6508 WCR 5
Erie, CO 80516
Subject: AmUSR-820- Request for a Site Specific Development Plan and Special Review Permit for an
Agricultural Service Establishment primarily engaged in performing agricultural, animal
husbandry, or horticultural services on a fee or contract basis, including Livestock Confinement
Operations(the redesign and expansion of an existing dairy and animal confinement operation)
for 5000 head of cattle in the A(Agricultural)Zone District on a parcel of land described as SW4
of Section 15, Township 6 North, Range 64 West of the 6th P.M., Weld County, Colorado.
Dear Ms. Frazer:
Your application and related materials for the request described above are being processed. I have scheduled
a meeting with the Weld County Planning Commission for January 18, 2001, at 1:30 p.m. This meeting will
take place in Room 210, Weld County Planning Department, 1555 N. 17th Avenue, Greeley, Colorado. It is
recommended that you and/or a representative be in attendance to answer any questions the Planning
Commission members may have.
A representative from the Department of Planning Services will be out to the property a minimum of ten days
prior to the hearing to post a sign adjacent to and visible from a publicly maintained road right-of-way which
identifies the hearing time,date,and location. In the event the property is not adjacent to a publicly maintained
road right-of-way, one sign will be posted in the most prominent place on the property and a second sign
posted at the point at which the driveway (access drive) intersects a publicly maintained road right-of-way.
The Department of Planning Services' staff will make a recommendation concerning this application to the
Weld County Planning Commission. This recommendation will be available twenty-four(24)hours before the
scheduled hearing. It is the responsibility of the applicant to call the Department of Planning Services'office
before the Planning Commission hearing to make arrangements to obtain the recommendation.
If you have any questions concerning this matter, please call.
Respectfully,
Zito'
cH"—Y
e Chester
Planner
EXHIBIT
. CASE NO. -ml:. "I1 ACRES
NAME ...,., ... ...,,
REQUEST ..._..,`.:•
A PUBLIC1IEARING CONCERNING THIS
PROPERTY WILL BE HELD AT 915.10th
STREET,GREELEY,COLORADO 90891,
ON , 1.`. AT a m .
FOR MORE INFORMATION CALL THE
WELD COUNTY DEPT.OF PLANNING
IERYICESAT 35W000.
//5/0--
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EXHIBIT
JULIE Chester- complaintletterfordischargeandaganalysis.wpd Page 1
rs IlliC.
COLORADO DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT
1555 N 17TH AVE
GREELEY, CO 80631
WEBSITE: www.co.weld.co.us
ADMINISTRATION (970) 304-6410
FAX (970) 304-6412
PUBLIC HEALTH EDUCATION AND NURSING (970) 304-6420
FAX (970) 304-6416
ENVIRONMENTAL HEALTH SERVICES (970)304-6415
FAX (970)304-6411
December 19, 2000
Certified Letter No.: 7000 0520 0016 8839 5301
Lisa Kerbs
Kerbs Dairy
6875 North County Road 9
Loveland, Colorado 80538
Subject: Kerbs Dairy, Complaint
Dear Ms. Kerbs:
This Department recently received a complaint concerning the Kerbs Dairy. The dairy is
located at 33440 Weld County Road 55, Gill (a.k.a. SW4, Section 15, Township 6 North, Range
64 West of the 6th P.M., Weld County). The complainant alleged that waste water from the
dairy was being land applied at rates in excess of the agronomic rate and that waste water was
allowed to discharge off of your property into the barrow ditch adjacent to Colorado Highway
392.
Our staff was unable to verify the alleged discharge, however, we have recently observed the
site and observed waste water being applied to the field south of the facility. We also observed
that a harvestable crop may not have been grown during the previous growing season. As
such, we are requesting whatever agronomic analysis or reference materials that were used in
order to comply with Section 81.5(A)(5) of the Confined Animal Feeding Operations Control
Regulations (5 CCR 1002-81). Please provide this information within 10 days of receipt of this m
letter. =x
If you have any questions, please do not hesitate to call me at 970-304-6415, extension 2214. M
Sincerely, AMMO,
JULIE Chester- complaintletterfordischargeandaganalysis.wpd Page 2
Trevor Jiricek
Director
Environmental Health Services
M'.\Trevor\cafe\Kerbs Dairy\complaintletterfordischarg eandaganal➢sis.wpd
cc: Tom Haren, AgPro Environmental Services, LLC (via email)
Julie Chester, Weld County Department of Planning Services (via email)
Ron Jepson, Colorado Department of Public Health & Environment
III I
FIELD CHECK
CASE NUMBER: AmUSR-820 DATE OF INSPECTION: \( 120 2000
APPLICANT'S NAME: Kerb's Dairy
PLANNER: Julie Chester
REQUEST: Site Specific Development Plan and Special Review Permit for an Agricultural Service
Establishment primarily engaged in performing agricultural, animal husbandry, or horticultural
services on a fee or contract basis, including Livestock Confinement Operations(the redesign
and expansion of an existing dairy and animal confinement operation)for 5000 head of cattle
in the A (Agricultural)Zone District.
LEGAL DESCRIPTION: SW4 of Section 15, Township 6 North, Range 64 West of the 6th P.M., Weld
County, Colorado.
LOCATION: East of and adjacent to WCR 55, North of and adjacent to SH 392.
LAND USE:
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ZONING: N A(Agricultural)
E A (Agricultural)
S A (Agricultural)
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COMMENTS:r InFG P '' - _
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P.C. Member
EXHIBIT
1 4
FIELD CHECK inspection date: January 5, 2001
CASE NUMBER: ArnUSR-820
APPLICANT: Kerb's Dairy
LEGAL DESCRIPTION: SW4 of Section 15, T6N, R64W of the 6' P.M., Weld
County, Colorado
LOCATION: east of and adjacent to Weld County Road 55, North of and adjacent to State
Highway 392
Zoning Land Use
N A (Agricultural) N 4 houses,two fairly new H NW4 of Section, Black Angus Show
Cattle, Tye Ranch with house
E A (Agricultural) E NE Across WCR 57 and WCR 70-large CAFO (RayGlo Holsteins),
Farm with newer house
S A (Agricultural) 5 I residence, State Highway 392, SE 3 houses, small CAFO, across
Hwy 392 another CAFO
W A (Agricultural) V/ SW-existing manufactured home, one newer house setback from
road approximately 1000 feet, oil and gas equipment,WCR 55
COMMENTS: Existing dairy facility with pens, milk barn, two mobile homes, feed stuff storage, old ponds lagoons,
with new lagoons under construction. A large berm is being constructed on the south end of the new lagoon to help
mitigate issues with neighbor to the south. There is a dumping site on the east side of the property which will be
permitted or removed as a condition of approval. (here are numerous noxious weeds on the property also. This has
been addressed through a condition of approval. The overall site has had previous problems, however, it appears that
the new owner is taking on the responsibility to bring the property into compliance. There was a septic system on the
property that had some problems. The system is currently in compliance.
Overall, it appears that this is a very good location for a dairy, as there are several other Confined Animal Operations
in the area. Smaller lots have been created in the area through the Recorded Exemption process. Weld County's Right
to Farm is recorded on some of the most recent plats, in this area.
Sign was posted at the time o i : eetion. (See photograph)
acer, Current Planner C
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