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Home My WebLink About20012991.tiff RESOLUTION RE: AUTHORIZATION FOR THE WELD COUNTY ATTORNEY TO PROCEED WITH LEGAL ACTION AGAINST HORTON CATTLE COMPANIES, CIO TRENT HORTON FOR VIOLATION OF THE WELD COUNTY CODE WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, Horton Cattle Companies, c/o Trent Horton, is allegedly in violation of the Weld County Code, and WHEREAS, despite efforts by the Weld County Department of Public Health and Environment staff to resolve said matter, the violation has not been corrected, and WHEREAS, on the 22nd day of October, 2001, a public hearing was held before the Board of County Commissioners for the purpose of hearing testimony relating to said violation, and WHEREAS, Horton Cattle Companies, Go Trent Horton, property owner(s), was present at said hearing, and WHEREAS, the Board of County Commissioners deems it advisable to refer said violation to the Weld County Attorney's Office for legal action, with an instruction for delay of action upon such referral until implementation of a Dust Control Plan by Horton Cattle Companies, said Plan to be submitted for review to the Department of Health and Environment, by December 22, 2001, and to allow adequate time for staff to determine whether implementation of said Dust Control Plan has been successful in abatement of fugitive dust. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the violation be, and hereby is, referred to the Weld County Attorney's Office for legal action against Horton Cattle Companies, do Trent Horton, to remedy the violation of the Weld County Code, and any other persons occupying the properties, any persons claiming an interest in the properties, and any persons acting in active concert with the identified parties, with an instruction for delay of action upon such referral until implementation of a Dust Control Plan by Horton Cattle Companies, said Plan to be submitted for review to the Department of Health and Environment, by December 22, 2001, and to allow adequate time for staff to determine whether implementation of said Dust Control Plan has been successful in abatement of fugitive dust. 2001-2991 PL0824 'C:/�L 40( VIOLATIONS -VI #- HORTON CATTLE COMPANIES, C/O TRENT HORTON PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 22nd day of October, A.D., 2001. BOARD OF OUNTY COMMISSIONERS WELD CO TY, COLORADO �� .'/Y� j ATTEST: f \�`, - L' 3 �� . J. Geile, Ch..ir Weld County Clerk to the ` as ` ' ',:?. , Wm �/ .►_ Wr lenn Vaad, :_ -m Deputy Clerk to the Board ♦ Nte EXCUSED Willi H. Jerke APPfOVED ORM: �d c d Long County Att eyi, V\eL_ Robert D. Masden - io/ Date of signature: ab 2001-2991 PL0824 MEMORANDUM jfiv TO: BOARD OF M MRS FROM: TREVOR JIRIC K AND CINbrETCHEVERRY SUBJECT:HORTON FEEDLOT,DUST EMISSIONS C DATE: 10/18/2001 COLORADO, CC: WELD COUNTY ATTORNEYS OFFICE DEPARTMENT OF PLANNING SERVICES The Department of Public Health and Environment recommends that the Board authorize the County Attorney to proceed with legal action in accordance with the Weld County Code (WCC). The recommendation is based upon the facility failing to implement the plan of correction within the proposed time line and failure to confine fugitive dust within the property boundary. Below is a chronology of actions leading to this recommendation. From July 2, 2001 through August 23, 2001, Horton Feedlot received six (6) complaints concerning dust generated at the Horton Feedlot Facility. Upon investigation of the complaints, staff observed that dust was not confined on the property and a nuisance condition existed. In our letter dated August 29, 2001 we notified the operator that the facility was in potential violation of the C.R.S. section 25-1-613, concerning removal of nuisance and of the WCC, Section 23-4-710 concerning livestock performance standards. In the letter, we requested a corrective action and timeline for correction. In response to our letter, Horton Feedlot responded in a letter dated August 31, 2001. In that letter, Joseph A. Hoff said that repairs had been made to the water pump and water lines to the sprinkler, the activities were complete by September 3, 2001, and an additional water truck was rented to control dust on the roadways within the feedlot. In our letter dated September 18, 2001, we advised the operator that the potential violation would remain open until it can be determined that the corrective measures described in the plan of correction and maintenance on August 31, 2001,were effective. From August 25, 2001 through October 3, 2001, Horton Feedlot received three (3) more complaints concerning dust generated at the Horton Feedlot Facility. Upon investigation of the complaints, on August 25 and 26 and 27, staff observed that dust was not confined on site. In his letter dated October 4, 2001, Trevor Jiricek notified the operator that the corrective measures described in their plan of correction and maintenance were not effective, causing the operator to be in violation of Section 23-4-710. He also notified Horton Feedlot that a hearing was scheduled for Monday, October 22, 2001, at 9:00 a.m. Please do not hesitate to ask any questions that you may have. O:\ETCH\CAFO\Horton\101101 BOC recomendations.doc 2001-2991 a DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT 1555 Y 17TH AVE GREELEY, CO 80631631 WEBSITE: www.co.weld.co.us ' ADMINISTRATION (970) 304-6410 FAX (970) 304-6412 O PUBLIC HEALTH EDUCATION AND NURSING (970) 304-6420 FAX (970) 304-6416 • ENVIRONMENTAL HEALTH SERVICES (970) 304-6415 COLORADO FAX (970) 304-6411 October 4, 2001 VIA FAX: 970-568-3988 303-659-1061 Trent Horton Horton Feedlots 2602 WCR 27 Fort Lupton, Colorado 80621 Subject: Horton Feedlot, Dust Emissions Dear Mr. Horton: As you are aware, in a letter dated August 29, 2001, the Weld County Department of Public Health & Environment advised you that the Horton Feedlot, located at 2602 WCR 27, Fort Lupton, was potentially in violation of the Weld County Code (WCC) and the Colorado Revised Statutes due to dust emissions from the facility. In this letter we requested a plan of correction and time line to correct the potential violation. In a letter dated August 31, 2001, you provided the Department a plan of correction and time line. Your letter indicated that dust would be controlled by "Labor Day". In response to a complaint, on the evenings of September 25, 2001, and September 26, 2001, our staff observed the facility. We observed that dust was not confined to the site on both evenings. We documented the conditions of September 26, 2001 with photographs. As a result of the facility failing to confine dust to the property, the facility is in violation of Section 23-4-710 of the WCC. Therefore, we have scheduled this matter to be heard in front of the Weld County Board of Commissioners. We will be requesting that the Board authorize the County Attorney to proceed with legal action in accordance with the WCC. The meeting is scheduled for Monday, October 22, 2001, at 9:00 a.m., at the Weld County Centennial Center located at 915 10th Street, Greeley. Please be advised that you or your representative may attend and address the Board. If you have any questions, please call me at 970-304-6415, extension 2214. Siraperel Trevor Jir Director Environmental Health Services O:CAFOVlorton Ft Lupton tdust violation letter 9-27-01.wpd cc: Lee Morrison, Weld County Attorneys Office Monica Mika, Weld County Planning Department Incident Report/Complaint No: C0000O3 rs Program Element: G/ f Copy to File? Y N IFile Name: ENVIRONMENTAL HEALTH SERVICES COLORADO INCIDENT REPORT/COMPLAINT RECORD ReporUComplaint Received By: I i i R9 C� Date/Time : q qo Y(>v Report/Complaint Initiated By: ❑Staff /Citizen ❑Sheriff oPlanning/Zoning ❑Other Legal Description: Violation Address: 110/1/64 �p C c : Gat 4- 1--(-AV Parcel # (if known): Property Owner's Name: Phone#: Property Owner's Address: Tenant's Name( if applicable): Phone#: Tenant's Address: \- ( ¢ r Report/Complaint: 1 cc 'wK\ I GA— 6utAAbk_-�u.� Report/Complaint Referred To: Date/Time: Investigation : By: Date: Follow-up: By: Date: Final Disposition of Report/Complaint: By: Date: d Incident Report/Complaint No: KipsProgram Element: Copy to File? Y N File Name:hiDe ENVIRONMENTAL HEALTH SERVICES COLORADO INCIDENT REPORT/COMPLAINT RECORD Report/Complaint Received By: th,09;��./pt-r y Date/Time : �/, 8�/ ,2,1554 Report/Complaint Initiated By: 0 Staff PC-ilea oSheriff ❑Planning/Zoning ❑Other Legal Description: Violation Address: /126-7 / - f-eC-lv " S. a� A-7I Lip Acct Parcel#(if known): Property Owner's Name: Phone#: Property Owner's Address: Tenant's Name(if applicable): Phone#: Tenant's Address: Renrt/Complaint: `4 5 J� r�X}�tahL/ny `9 C 5 „di,/ _ at y 35 f/ 2'°`y ,k /9/.,e* Report/Complaint Referred To: Date/Time: Investigation : By: Date: Follow-up: By: Date: Final Disposition of Report/Complaint: By: Date: S Incident Report/Complaint No: (1. 0 0000 7,2 y Program Element: �p� Copy to File? Y N File Name: 9A0/ ENVIRONMENTAL HEALTH SERVICES COLORADO INCIDENT REPORT/COMPLAINT RECORD Report/Complaint Received By: Date/Time : Report/Complaint Initiated By: ❑Staff Gcitizen ❑Sheriff oPlanning/Zoning DOther Legal Description: Violation Address: Parcel#(if known): Property Owner's Name: 4c;'nk k ff Ligibis Property Owner's Address: Tenant's Name( if applicable): Phone#: Tenant's Address: J Report/Complaint: Tug' 'au/ FfatAA 4Jt(F ttNA& k76' Report/Complaint Referred To: Date/Time: Investigation : By: Date: Follow-up: By: Date: Final Disposition of Report/Complaint: By: Date: DEPARTMENT OF PUBLIC HEALTH & ENVIRONMENT 1555 N. 17th Avenue Greeley, CO 80631 T WEBSITE: www.co.weld.co.us ' ADMINISTRATION: (970) 3O4-641O FAX: (970) 304-6412 C PUBLIC HEALTH EDUCATION & NURSING: (97O) 3O4-642O FAX: (97O) 3O4-6416 ENVIRONMENTAL HEALTH SERVICES: (97O) 3O4-6415 COLORADO FAX: (97O) 304-6411 September 18, 2001 VIA Fax: 970-568-3988 303-284-5130 Trent Horton Horton Feedlots 2602 WCR 27 Ft.Lupton, Colorado 80621 Subject: Dust Complaint at Horton Feedlot Dear Mr.Horton: The Weld County Department of Public Health & Environment has reviewed your August 31, 2001, plan of correction and maintenance, to control dust at the Horton Feedlot, located at 2602 Weld County Road 27, in Weld County. The plan of correction indicates that the facility will control dust by operating and maintaining the existing sprinkler system and operating two water trucks for haul road traffic. You have indicated that the sprinkler system had been in disrepair, but it is now operational. Repairs to the system included the replacement of the pump and the reparation of many water lines. Based on the information contained in this response, it appears that appropriate actions are being taken to control fugitive dust. However, do to the recent storm events, we have been unable to determine whether your corrective measures and maintenance to the facility has been effective. As you are aware, the Weld County Code requires that the facility confine any dust emissions to the property. Therefore, please be aware that this potential violation will remain open until it can be determined that the corrective measures described in your plan of correction and maintenance are effective. Please do not hesitate to call if you have any questions or if we can be of any assistance. I can be reached at(970) 304-6415, extension 2220. Sincerel /J 64.1; GAeliteit'/U�L.� Cindi Etcheverry In Environmental Health Specialist Environmental Health Services WEIGH\CAFO\Horton\091]01dwt.doe Cc: Rob Masden, Weld County Commissioner Mark Wallace,Director,Weld County Health Department Lee Morrison,Weld County Attorneys Office Monica Daniels-Mika, Weld County Planning Services Occ, Liy0 NORTON CATTLE COMPANIES P.O. Box 517 Eaton, CO 80615 (970) 454-3000 August 31, 2001 RECEIVED AUG 3 l001 Trevor Jiricek Department of Public Health and Environment ENVIRONMENTAL REAM SERVICES 1555 17th Ave. Greeley, CO 80631 Re: Dust Complaint Dear Trevor: I am in receipt of your letter dated August 29, 2001 concerning a dust complaint at the Horton Feedlot located at 2602 Weld County Road 27, Ft. Lupton, Colorado. We have experienced problems with our water pump and water lines to the sprinklers. The pump has been repaired. We are currently replacing many of the old and broken water lines. These repairs will be completed by Labor Day. The feedlot manager reported that with the repairs made to date, he has noticed a significant improvement in dust control. The feedlot has also rented an additional water truck to work in tandem with the existing water truck which will control dust on the roadways within the feedlot. Horton Feedlots is taking all available measures to control dust from this feedlot. Should you have any questions or concerns, please contact me. CFO ' DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT 1555 N 17TH AVE GREELEY, CO 80631 OWEBSITE: www.co.weld.co.us ADMINISTRATION (970) 304-6410 FAX (970) 304-6412 COLORADO PUBLIC HEALTH EDUCATION AND NURSING (970) 304-6420 FAX (970) 304-6416 ENVIRONMENTAL HEALTH SERVICES (970) 304-6415 FAX (970) 304-6411 August 29, 2001 VIA Fax: 970-568-3988 970-284-5130 Trent Horton Horton Feedlots 2602 WCR 27 Ft. Lupton, Colorado 80621 Subject: Dust Complaint at Horton Feedlot Dear Mr. Horton: As discussed during the telephone conversation on August 29, 2001, the Weld County Department of Public Health and Environment has received numerous complaints concerning dust generation at the Horton Feedlot, located at 2602 Weld County Road 27, in Weld County. In response to the complaints, we observed the facility on August 28, 2001 at 7:30 p.m. During the investigation, a significant amount of dust was observed. The dust was being generated by the facility and was not confined on the property of the facility. Watering of the pens at the time of this inspection was not observed. The conditions observed on this day may constitute a nuisance in accordance with 25-1-613, C.R.S., and the fact that dust is not confined on the facility causes this facility to potentially be in violation of Section 23-4-710 of the Weld County Code (WCC). Trent Horton August 29, 2001 Page 2 As a result, in accordance with Section 23-4-710 of the WCC, we are requesting that you submit a written plan of correction and maintenance within five (5) days of receipt of this letter. It is important to note that this facility will only be considered in violation of this Section of the WCC if you fail to respond to this letter within five (5) days, and if you fail to control dust at this facility. We appreciate your cooperation and the effort you are making to control dust. However, please be aware that in the event this facility continues to generate dust, causing nuisance conditions, we will have no other option but to pursue legal action and relief in accordance with the WCC and 25-1-613, C.R.S., as amended. Please do not hesitate to call if you have any questions or if we can be of any assistance. I can be reached at (970) 304-6415, extension 2220. Sincerely, n t Cindi Etcheverry Trevor Jiricek Environmental Specialist Director Environmental Health Services Environmental Health Services O:\ETCH\CAFO\Horton\082901 d ust.doc Cc: Rob Masden, Weld County Commissioner Mark Wallace, Director, Weld County Health Department Lee Morrison, Weld County Attorneys Office Monica Daniels-Mika, Weld County Planning Services tt ;17••••' Complaint No: W C 4 f & jarig PE L Copy to File? Y N / blOI File Name: C� ENVIRONMENTAL HEALTH SERVICES COMPLAINT RECORD COLORADO Complaint Received By: L 0 T r Date/Time : if//) 3�C/ ' Ye Complaint Initiated By: ❑Staff ❑Citizen ❑Other Legal Description: // Violation Address: ,r n S 4-e Al �r 7 At'J Parcel#(if known): Property Owner's Name: Phone#: Property Owner's Address: Tenant's Name ( if applicable): Phone#: Tenant's Address: Complaint: ✓� Complaint: Dy<1— / S t ?a// Y.3sJ. L-rioa 5' hke 2) j�' 7 hQ/is /. L/,{' Complaint Referred To: Date: Investigation : 1. ..74 -I /cc cZA/ y�rsk-es c .rep/ss ' li iir> /9.-= : 1- lea, By: 6C Date: -FAT/472g Follow-up: rTrz�c� 'mow / rte'/ I nyf rF�l fJc� �t 1 y By: Date: Final Disposition of Complaint: By: Date: Üt Complaint No: tC U O` 43 Copy to File? Y N 4a401 File Name: 111 lk COMPLA INT RECORD AL HEALTH SERVICES COLORADO • Complaint Received By: @d-tit aa-n--h Date/Time : Complaint Initiated By: ❑Staff #itizen ❑ c Other 0 ' l q-0/ Legal Description: Violation Address: Parcel#(if known): � Property Owner's Name: 14Or+in 3Cf2d OIL— Phone#: Property Owner's Address: Ce 'r yU nn , Ege Q'er_- Tenant's Name( if applicable): Phone#: Tenant's 4--/) Address,, ll Complaint: 1.,_)u St t 3 /a cJ ci Complaint Referred To: --di^ Date: 696Z-/z , / 0 Investigation : !uo �Z � /—/L A rt—': By: -Cc Late: --)9 $OJ Follow-up: "'gist-fled�i�s� As'c'i:�2 f 'r)at'e 4 /� 4 8ki4/ A'SS,e,f a ✓.7 'ALe nnti'-s slims ,- s' 6 iive keyin a dtta. By: 1 Date: O2g/o j Final Disposition of Complaint: By: Date: Incident Report/Complaint No: £OOQUJ 'I/ tiv( ttr, Program Element: C/ Copy to File? Y N File Name: ENVIRONMENTAL N AL HEALTH SERVICES COLORADO INCIDENT REPORT/COMPLAINT RECORD Report/Complaint Received By: (1112.A Date/Time : 7-//-O/ 3 at Report/Complaint Initiated By: ❑Staff tizen ❑Sheriff ❑Planning/Zoning ❑Other Legal Description: Violation Address: Parcel# (if known): 1 Property Owner's Name: (IvV v fe,j,I p-k- Phone#: Property Owner's Address: F'-1-- Tenant's Name( if applicable): Phone#: Tenant's Address: Report/Complaint: d&b zuXt Cr u Lam;• > n_.h � hn �E,'Lr—i. r4- O( Ca"A_Q-cur J Report/Complaint Referred To: Date/Time: Investigation.„ " Sde?. / 1 J221J?»� /c P 72Z,..s /ll/��^/ jA By: / Date: 0./ Folloow-up: L�tisdnve/ � 4 / ss&.ccc?r ct ane9/S z /off /ow/ to-n-P i<s��. f//r bpi A pcss,hk ,/iir??OT+% By: ca,$' Date: ,.�i6�r an-rtei Final Disposition of Report/Complaint: By: Date: IT Incident Report/Complaint No: 00 0000.5 Program Element: 21.20/ Copy to File? Y N ' File Name: IIiD�. ENVIRONMEN TAL HEALTH SERVICES COLORADO INCIDENT REPORT/COMPLAINT RECORD Report/Complaint Received By: ',hex .L J£'1ria0'�&r,ye Date/Time : .3/4d/ Report/Complaint Initiated By: ❑Stafftizen ❑Sheriff ❑Planning/Zoning oOther Legal Description: Violation Address: • Parcel# (if known): Property Owner's Name: /4pr h'jn ,r./o} Phone#: Property Owner's Address: doh/ 4 i-4r , — Tenant's Name( if applicable): Phone#: Tenant's Address: Report/Complaint: ,4I.ST p& //y -t' '- Jj�ni�5 ..*. „slew 1 p' 24 t4 LfD1 `�./efil O ditto n,d I.'OC/ cir 7 'Oe7/I nit Report/Complaint Referred To: Date/Time: Investigation : Sl By: Date: Follow-up: By: Date: Final Dispos n of Report/Complain . f�is�9, r a/ /� �L�c ✓ z i ze /'z S<.,ar-1 ti ,%' c e ns,./e 46,r fzr4i rt. By: Date: 8' .a y 4cti: a Incident Report/Complaint No: 00 GOa Program Element: Copy to File? Y N File Name: ENVIRONMENTAL HEALTH SERVICES COLORADO INCIDENT REPORT/COMPLAINT RECORD Report/Complaint Received By: 0 11/4/),A, Date/Time Report/Complaint Initiated By: ❑Staff Citizen ❑Sheriff ❑Planning/Zoning ❑Other Legal Description: Violation Address: Parcel# (if known): Property Owner's Name: t? (-4--On. A— Phone#: Property Owner's Address: LLAt Tenant's Name ( if applicable): Phone#: Tenant's Address: Report/Complaint: E>ck-r vv„4, t°-CMa2L-6 v 1 tut cast q Report/Complaint Referred To: Date/Time: Investigation : 14/. —4 ��j— y�Z By: Date: Follow-up: /��.5.azc%� s �r H may%, �� /4 es a )4Yc e Jaxs zy»n : s rr-5 n if la .51,1 e "714Ve djt By: e'er Date: „29 2�j Final Disposition of Report/Complaint: By: Date: Incident Report/Complaint No: W W/ ( W `10 Program Element: T�T/� Copy to File? Y N File Name: ENVIRONMENTAL HEALTH SERVICES COLORADO INCIDENT REPORT/COMPLAINT RECORD Report/Complaint Received By: (eS+t u3<'_ Date/Time : 0 202o/ A?oA.) Report/Complaint Initiated By: ❑Staff ,)CCitizen ❑Sheriff ❑Planning/Zoning oOther Legal Description: p Violation Address: CJC� 6- s Oly� c�C6Z/ �/yZ7, /✓�,c oy z ten4,e?1 Parcel# (if known): (DC/ I t 0, Property Owner's Name: 11:710,-70/1..).(a )2 7 At, Phone#: Property Owner's Address: Tenant's Name( if applicable): Phone#: Tenant's Address: ��, Report/Complaint: e)L7c:-ie 4>- 2)is i/c& 3 z roc 4`Znf e %O /g7,-9ci-ll u e&/O— Report/Complaint Referred To: "%-/•G.c,tt.toca tats Date/Time: 07020/ 4-4 70/0 Investigation : �� .Edit�'sY �_ io�Lv�iti. �a �*s By: Date: z/r_p Follow-up: z/6412tEej Airddi r�ct_/� 4 i;5 5,4 eel ac r e ✓ thte e ✓r iild�rc .zdprc 4) ' ji x-1 /TF+sp/1sc eletc By: c"C Date: la .may Final Disposition of Report/Complaint: By: Date: Hello