HomeMy WebLinkAbout20003157.tiff 1,;"16 Memorandum
TO: Julie Chester, Department of Planning
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DATE: November 1, 2000
WIID€ ,
COLORADO FROM: Trevor Jiricek, Department of Health an
Environment
SUBJECT: USR-1294, Richard and Phyllis
Podtburg
The Weld County Department of Public Health and Environment has reviewed this
application. We recommend for approval of the dairy with numerous recommended
conditions and standards. We have attempted to simplify our referral by separating the
proposed conditions into conditions of approval and development standards.
The following are recommended to be conditions of approval:
1. 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 3,000
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 Registered Professional Engineer .
(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 Registered Professional engineer.
(3) A site map demonstrating the layout of the site. This should
include the locations of all pens, structures, feed storage areas,
EXHIBIT
2000-3157
USR-1294, Podtburg
Page 2
any water courses through the property, manure storage areas,
lagoons, etc.
(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.
(5) Demonstration that the facility has the ability to manage, dispose,
and/or land apply manure and waste water at agronomic rates in
accordance with the CAFO regulations.
(6) Demonstration that adequate measures are in place to prevent any
discharges except those which are allowed by the CAFO
Regulations.
(7) Other necessary measures which are required in order to comply
with the CAFO Regulations.
(8) A description of the types of records that will be maintained on the
facility, as required by the CAFO Regulations.
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.
C) A dust abatement plan shall be submitted to the Weld County Department
of Public Health and Environment for review and approval.
D) A fly control plan shall be submitted to the Weld County Department of
Public Health and Environment for review and approval.
E) An odor control plan shall be submitted to the Weld County Department of
Public Health and Environment for review and approval.
The following are recommended to be development standards:
1. Fugitive dust shall be controlled on this site. The facility shall be operated in
accordance with the approved dust abatement plan at all times.
2. All liquid and solid waste shall be stored and removed for final disposal in a
manner that protects against surface and groundwater contamination.
3. There shall be no permanent disposal of solid wastes, as defined in the
USR-1294, Podtburg
Page 3
Regulations Pertaining to Solid Waste Disposal Sites and Facilities (6 CCR
1007-2), at this site.
4. The facility shall maintain compliance with Confined Animal Feeding Operations
Control Regulations (5 CCR 1002-19) and, Section 47 of the Weld County
Zoning Ordinance, as amended.
5. The facility shall adhere to the maximum permissible noise levels allowed in the
Light Industrial Zone as delineated in Section 25-12-103 C.R.S, as amended.
6. Any required NPDES Permit shall be maintained in compliance with the Water
Quality Control Division of the Colorado Department of Public Health &
Environment.
7. All construction on the property shall be in accordance with the requirements of
the Weld County Building Code Ordinance, as amended.
8. 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.
9. Wastes 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.
10. 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 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).
11. 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 of the facility 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.
USR-1294, Podtburg
Page 4
12. 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.
13. The facility shall be operated in a manner to control flies. The facility shall be
operated in accordance, at all times, 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.
14. Any septic system located on the property must comply with all provisions of the
Weld County Individual Sewage Disposal System Regulations.
15. 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.
16. The facility shall be operated in accordance with the approved manure and
waste water management plan.
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Weld Counl efilial
September 11, 2000
IIiiip ci
COLORADO
The Weld County Department of Planning Services has received the following item for review:
ioretttuy
Applicant Richard and Phyllis Podtburg Case Number JS -4a94
Please Reply By October 3, 2000 Planner Julie Chester
Project 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 for 3000 head of cattle.
Legal W2/SE4 of Section 19, Township 6 North, Range 66 West of the 6th P.M., Weld
County, Colorado.
Location North of and adjacent to WCR 66, west of and adjacent to WCR 25 3/4.
Parcel Number 0805 19 000005
The application is submitted to you for review and recommendation. Any comments or recommendation
you consider relevant to this request would be appreciated. Please reply by the above listed date so that
we may give full consideration to your recommendation. Any response not received before or on this date
may be deemed to be a positive response to the Department of Planning Services. If you have any further
questions regarding the application, please call the Planner associated with the request.
Weld County Planning Commission Hearing (if applicable) November 21, 2000
. We have reviewed the request and find that it does/does not comply with our Comprehensive Plan
❑ e have reviewed the request and find no conflicts with our interests.
J3' See attached letter. o.rJ S\... - f e car
Comments:
Signature — Date AD-/O- OO
Agency pS Greu&ZT ^-w+.'.•i' \T1.
•>weld County Planning De t. +1555 N. 17th ve. Greeley, CO. 20631 ÷(970)353-6100 exL3540 (970)304-6498 fax
IEXHIBIT
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OFFICE OF COMMUNITY DEVELOPMENT
City of 1100 10T"STREET,GREELEY,COLORADO 80631 (970)350-9780 FAX(970)350-9800
Greeley
October 10, 2000
Julie Chester, Lead Planner
Weld County Department of Planning Services
1555 N. 15th Ave.
Greeley, CO. 80631
Re: AmUSR 1144 Podtburg Dairy
Dear Ms. Chester:
The Weld County Amended USR 1144 (Podtburg Dairy) was considered by the City of Greeley
Planning Commission on Tuesday, October 10, 2000. The Planning Commission found that the
requested amendment to a USR to increase the size of a dairy operation from 2000 head of cattle to
3000 head of cattle is located in the City of Greeley's Long Range Expected Growth Area (LREGA),
and that the request is not consistent with the City of Greeley 2020 Comprehensive Plan policy LU 7.4
and recommend denial of the request to the Weld County Planning Commission.
However, if the Weld County Planning Commission does approve the proposal, it should include the
following conditions:
1. Seventy-five feet of right-of-way on the west side of the center line of WCR 25.75 be reserved
for the future Two Rivers Parkway;
2. The dairy be buffered from WCR 25.75 by a landscape area equal to a City of Greeley buffer
yard "B";
3. The property shall comply with and be subject to the City of Greeley air quality regulations of
Chapter 9.52 of the City of Greeley Municipal Charter and Code;
And the following four condition originally recommended for the 1997 USR request;
1. Haul routes should be identified;
2. The number of exits for this parcel onto 83`d Avenue shall be limited to two;
3. The special use permit shall be nontransferable to any other property owner/operator;
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4. The use shall be reviewed within 20 years or at such time that urbanization approaches within
1000 feet, whichever comes first.
Sincere y
Jeff Hofinan, Planner II
FILE COPY
PLANNING COMMISSION SUMMARY
ITEM: Weld County Referral for an Amendment to a Use by
Special Review (USR) to Allow an Expansion of an
Existing Dairy
PROJECT: Podtburg & Sons Dairy
LOCATION: Northwest of the intersection of WCR 66 and WCR
25.75 (A.K.A. 83`d Avenue)
APPLICANT: Richard and Phyllis Podtburg
CASE PLANNER: Jeff Hofman, Planner II
PLANNING COMMISSION HEARING DATE: October 10,2000
PLANNING COMMISSION FUNCTION:
To review the proposed amendment to a Use by Special Review (USR) for compliance
with the City of Greeley Comprehensive Plan and Development Code and make a
recommendation to the Weld County Planning Commission.
PROJECT BACKGROUND AND OVERVIEW:
The applicants are requesting an amendment of a Weld County USR to increase the size
of a dairy operation from 2,000 head of cattle to 3,000 head of cattle. The current request
would allow additional confinement areas for milk cows on the eastern portion of the site
directly adjacent to WCR 25.75 as well as in the interior of the site. Another detention
pond would be developed close to the corner of WCR 66 and WCR 25.75 (A.K.A. 83`d
Avenue). Additional hay storage and a compost area would also be located along this
road frontage in the northeast corner of the property.
The site is within the City of Greeley's Long Range Expected Growth Area (LREGA) as
adopted by the City of Greeley 2020 Comprehensive Plan. This is the area that is
anticipated for community growth in the next twenty years. The site is approximately 1 .6
miles to the nearest City of Greeley municipal boundaries and the Poudre River Ranch
Planned Unit Development. That development is located south of the Cache la Poudre
River and between 83`d and 7 P' Avenues. The final phases of this mixed residential and
light commercial development are in the planning process. The site is also adjacent to the
proposed Two Rivers Parkway (83`d Avenue) which will be a major transportation link
through Weld County and the City of Greeley.
This is the second request for an expansion of this facility since 1997. The first request
was granted and allowed the operation to increase from less than 1,000 head to the
present limit of 2,000 head of cattle. The major issues of that request focused on the odor
which will be carried into the city with prevailing winds out of the northwest and
compatibility issues with land uses locating along the future Two Rivers Parkway. The
City of Greeley Planning Commission recommended conditional approval of the 1997
request based partially on the fact that the site was not in the LREGA at that time (see
attachment D). Those recommended conditions were:
1. Haul routes should be identified;
2. The number of exits for this parcel onto 83' Avenue shall be limited to two;
3. The special use permit shall be nontransferable to any other property owner;
4. The use shall be reviewed within 20 years or at such time that urbanization
approaches within 1000 feet, whichever comes first.
SITE DATA:
Site Size Approximately 80 acres
Proposed Land Use Expanded Dairy Operation
Surrounding Zoning: North - Weld County Agriculture
South - Weld County Agriculture
East - Weld County Agriculture
West - Weld County Agriculture
Surrounding Land Uses: North - Agriculture and Rural Residential
South -Agriculture and Rural Residential
East- Agriculture and Rural Residential
West- Agriculture and Rural Residential
KEY ISSUES AND ANALYSIS:
Does the request comply with the City of Greeley Comprehensive Plan?
The following City of Greeley 2020 Comprehensive Plan policy applies to this request.
Comprehensive Plan Policy LU 7.4
Disallow the establishment or expansion of high impact agricultural uses which produce
obnoxious influences such as odor, dust or noise within the city's expected growth
boundaries in order to prevent conflicts with an emerging urban population of residents
and businesses.
Planning Comm. Summary 2 WCR Podtburg
Staff Comment: The property is located within the City's Long Range Expected
Growth Area. This growth area was recently expanded with the
adoption of the City of Greeley 2020 Comprehensive Plan. The
confinement of 3,000 head of cattle and the industrial nature of a
dairy operation, upwind from the City, will create negative external
impacts on the surrounding area and the City of Greeley as a whole.
The largest single category of calls to the City of Greeley's Odor
Hotline identify feedlots or the smell of manure as generating the
complaint (see Attachment F). All of these types of odor generators
are located outside of the City of Greeley and beyond its air quality
ordinance jurisdiction. The City has gone as far as purchasing an
animal confinement operation to eliminate an odor source.
Allowing the expansion of the existing dairy will compound the
present odor problem, increase conflicts with future development in
this area and may eventually require expenditure of public funds to
rectify the negative odor impacts. The proposal does not comply
•
with this 2020 Comprehensive Plan policy.
ADMINISTRATIVE REVIEW TEAM:
The Administrative Review Team informally reviewed this item on September 25, 2000.
The Public Works Department recommended that if the amendment is approved that
additional right-of-way for the future Two Rivers Parkway be reserved. Seventy-five
feet of right-of-way on both sides of the center line is currently being dedicated or
reserved along this proposed transportation corridor. Required buffering along this
corridor was also identified.
RECOMMENDATION:
Planning Staff recommends that the Planning Commission find that the requested
amendment to a USR to increase the size of a dairy operation from 2000 head of cattle to
3000 head of cattle is located in the City of Greeley's Long Range Expected Growth
Area (LREGA), and that the request is not consistent with the City of Greeley 2020
Comprehensive Plan policy LU 7.4 and recommend denial of the request to the Weld
County Planning Commission.
However, if the Weld County Planning Commission does approve the proposal, it should
include the following conditions:
1. Seventy-five feet of right-of-way on the west side of the center line of WCR 25.75
be reserved for the future Two Rivers Parkway;
Planning Comm. Summary 3 WCR Podtburg
2. The dairy be buffered from WCR 25.75 by a landscape area equal to a City of
Greeley buffer yard "B";
3. The property shall comply with and be subject to the City of Greeley air quality
regulations of Chapter 9.52 of the City of Greeley Municipal Charter and Code.
ATTACHMENTS:
Attachment A - Vicinity Map
Attachment B - 2020 Urban Growth and Service Areas
Attachment C - Applicant's Narrative
Attachment D - Planning Commission Meeting Minutes - April 8, 1997
Attachment E- Site Plan
Attachment F - Odor Complaints Memorandum
Attachment G - Buffer Yard Standards
Attachment H - Chapter 9.52 of the City of Greeley Municipal Charter and Code
Planning Comm. Summary 4 WCR Podtburg
Attachment A
wan, WCR 47 : 00 Vicinity Map
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6 CITY OF GREELEY - 2020 URBAN GROWTH AND SERVICE AREAS
Municipal Services Suitability Area(MSSA-Range of Municipal r 1 Urban Growth Area(UGA-Full complement of land uses to be developed at Fyj
Services currently available in this area as of 2000)* urban densities) O
Mid Range Expected Service Area(MRESA-Area within which Greeley Municipal Area of Influence(GMAI-Area within which the City may influent
a full range of municipal services isexpected to be provided with ® development through utility provisions and related services)
5 years as of 2000)*
Long Range Expected Growth Area(LREGA- Area within Strategic Employment Development Corridor(SEDC-Area intended CD
g for industrial and employment uses) grwsrv2000.a{
which community growth is expected for the next 20+years September 5,21 1-1
and which encompasses all other growth and service areas) Current City of Greeley Municipal Limits
•Reviewed for annual amendment M
Attachment C - Applicant's Narrative
USE BY SPECIAL REVIEW QUESTIONAIRE
1. Explain, in detail, the proposed use of the property
The proposed use of this property is for an expansion of the existing dairy facility from
2000 head of cattle to 3000 head of cattle. The new construction will include new pens
for 1000 head of cattle and related stormwater containment structures. This expansion
will maximize the recently constructed milking parlor allowing for a more efficient use of
the dairy facility.
2. Expain how this proposal is consistent with the intent of the Weld County
Comprehensive Plan.
This use is consistent with the Weld County Comprehensive Plan through the
preservation, enhancement and growth of agriculture. This facility was designed to
protect prime farmland. The facility supports commercial and industrial uses directly
related to or dependent upon agriculture. Efforts to preserve productive agriculture land
include the maintenance, enhancement and growth of a viable, profitable agricultural
business. The site is not located with a flood hazard zone, geologic hazard zone or
airport overlay zone. The use is necessary in Weld County to preserve the agricultural
economic base historically attributed to the area. Typically, dairy operations generate
three times their gross sales into the local economy.
3. Explain how this proposal is consistent with the intent of the Weld County
Zoning Ordinance and the zone district in which it is located.
This proposed expansion meets the intent of the agricultural zone district where the site
is located. A livestock confinement operation is permitted in the A (Agricultural) zone
district as a Use by Special Review. Public health, safety and welfare are protected
through adherence to applicable county, state and federal regulations and requirements.
Provisions to comply with applicable regulations and requirements are outlined in this
application for expansion.
4. What type of uses surround the site? Explain how the proposed use is
consistent and compatible with surrounding uses.
The types of uses surrounding the site are primarily agricultural with some single-family
residences. This proposed expansion is compatible with the surrounding area.
5. Describe, in detail, the following:
a) How many people will use this site?
The property owners, employees, maintenance workers, vendors, feed and
product suppliers, veterinarians, milk truck drivers, in-state and out-of-state
visitors will be using this site.
b) How many employees are proposed to be employed at this site?
Approximately 25 people may be employed at this site.
c) What are the hours of operation?
Dairy farms operate 24 hours every day, 365 days per year. Office hours
include the day shift (8:00 a.m., to 4:00 p.m., evening shift (4:00 p.m., to
12:00 a.m., and night shift (12:00 a.m. to 8:00 a.m.) Hours of operation are
up to 24 hours per day in the milking parlor and related facilities. Equipment
operations, trucks, farming activities and maintenance activities other than
emergencies occur primarily during daylight hours.
d) What type and how many structures will be erected(built) on this
site?
Construction will include the addition of livestock pens, fences and feedbunks
for cattle and associated stormwater containment structures for the increased
pen area.
e) What type and how many animals, if any, will be on this site?
Predominantly dairy cattle of various sizes and weights in total quantities not
to exceed 3000 cattle.
f) What kind(type, size, weight) of vehicles will access this site and
how often?
Most vehicles that access this site are employee's and owner's personal
vehicles and semi-tractors and trailers. The dairy receives feedstuffs, forages
and feed additives delivered in semi-trailers and trucks two to three times per
day. Vendors and suppliers frequent the site in pick-up trucks and personal
vehicles.
g) Who will provide fire protection to the site?
Windsor-Severance Fire Protection District services this site.
h) What is the water source on the property? (Both domestic and
irrigation).
Water is provided to the site by North Weld County Water District.
i) What is the sewage disposal system on the property? (Existing and
proposed).
An engineer-designed septic system is currently in place. A copy of the
permit is included in this application.
1) If storage or warehousing is proposed, what type of Items will be
stored?
No commercial storage or warehousing exists on this site. Storage consists
of concentrated commodities, feed, alfalfa hay, and bedding materials
necessary to support the dairy operation. Chemicals and petroleum products
required for the facility are stored in appropriate locations and include
secondary containment where required.
6. Explain the proposed landscaping for the site?
No additional landscaping is proposed.
7. Explain any proposed reclamation procedures when termination of the Use
by Special Review activity occurs.
Reclamation procedures include compliance with applicable regulations such as the
Colorado Confined Animal Feeding Control Regulations to manage solid manure and
stormwater runoff until all relative material is adequately removed. Should the facility
be permanently discontinued under the current ownership, it would be marketed
under applicable county planning and zoning regulations to its greatest and best use.
8. Explain how the stormwater drainage will be handled on the site.
Storm water drainage is handled by a series of storage ponds, designed, maintained
and operated in accordance with the Colorado Confined Animal Feeding Control
Regulations. Water from these ponds is used to irrigate farmground. Specific details
regarding stormwater management are outlined in the Comprehensive Nutrient
Management Plan.
9. Explain how long it will take to construct this site and when construction
and landscaping is scheduled to begin.
Construction will start as soon as possible and should take several months
depending on weather and finances.
10. Explain where storage and/or stockpileS of wastes will occur on this site.
Manure stockpiles, if used, are centrally located where runoff can be controlled and
nuisance conditions minimized. Use of solid waste stockpiles will be minimized to
reduce fly and insect concerns due to sanitary conditions required at dairy facilities.
Stormwater and water from the milking facilities is stored in earthen structures
designed to meet the requirements of the Colorado Confined Animal Feeding
Operations Control Regulations. Solid manure, stormwater and dairy wastewater is
collected for application to farmground at agronomic rates. Details of the manure
management system are outlined in the Comprehensive Nutrient Management Plan.
Attachment 17
VI. WELD COUNTY REFERRAL FOR A USE BY SPECIAL REVIEW
TO ALLOW AN EXPANSION OF AN EXISTING DAIRY IN THE A
(AGRICULTURAL) ZONE
Carrie McCool, Planner I, advised that this item is a referral from Weld County for a
request for use by special review to allow an expansion of a dairy located at 12673
Weld County Road 66. Ms. McCool presented a videotape showing the site and the
surrounding area.
The dairy is located on approximately 80 acres of land and contains a total of 710
head of cows; however, based on Weld County's allowance of four animals per acre,
only 320 cows are allowed on the property. The applicant proposes to expand the
dairy to allow a total of 1,150 head. In addition, four free-stall barns and four open
pens would be constructed, and the existing milking parlor and tank rooms would be
expanded to allow 22 milking stalls with 12,000 gallons of milk storage. Fourteen
employees would be added. Waste and debris would be picked up weekly by a
commercial waste operator, and other debris and scrap would be stored and
periodically taken to the dump by the owners.
Although the site is located outside the City's Long-Range Expected Growth Area, it
is to the northwest of the tity, in line with prevailing winds, which will likely carry
additional odor into the city.
Ms. McCool identified the key issue in considering Weld County referrals as whether
the proposed use in this location would comply with the policies of the City of
Greeley's Comprehensive Plan.
Ms. McCool began her analysis of the proposal by citing Comprehensive Plan Policy
3.2, which encourages locating industrial development so negative external influences
do not affect either existing or potential nonindustrial lands within the Long-Range
Expected Growth Area. Ms. McCool reiterated the staff's concerns over potential
odor since the prevailing winds come from the north. Therefore, she suggested that
the issue be addressed in more detail by the Weld County Health Department.
Comprehensive Plan Policy 3.3.1 was then considered and encourages locating
industrial land uses within the Long-Range Expected Growth Area and outside the
City's planned industrial area only if the City is assured that the use would be
compatible with anticipated, planned, or existing neighboring residential or
commercial lands.
Planning Comm. Minutes 9 April 8, 1997
Ms. McCool again noted the potential odor impacts upon the city. She also advised
that the Western Arterial Bypass Study designates 83rd Avenue as a major arterial
roadway which will become the major north/south connection throughout northern
Colorado. This roadway would intersect the eastern boundary of the site, and the site
would not be compatible with anticipated residential or commercial land uses that
would develop alongside it.
In conclusion, Ms. McCool suggested that the City of Greeley Planning Commission
recommend to Weld County that the request be denied, based on the potential impact
of additional odors on the city. However, in the event Weld County approves the
proposed dairy expansion, she noted the following development standards be
employed: (1) Haul routes should be identified, (2) the number of exits from this
parcel onto 83rd Avenue shall be limited to two, and (3) the special use permit shall
be nontransferable to any other subsequent property owner.
In response to a question by Commission Coan regarding the location of the dairy,
Ms. McCool explained that it is north and west of the proposed Poudre River Ranch
Subdivision. Rebecca Safarik, Community Development Director, advised that the
applicant is proposing a considerable increase in the operation and noted that
occasionally the County will allow certain uses but only with a time limit.
Rick Brady, City Attorney, asked if the City's Air Quality and Natural Resources
Commission had investigated the dairy. Ms. Safarik explained that it does not
investigate operations located outside the City's Long-Range Expected Growth Area.
Commissioner Ewald questioned how far away dairy operations should be located.
Commissioner Berg felt that they should be outside the Long-Range Expected Growth
Area and said that he would not be in favor of denying the request.
Commissioner Coan asked about the status of the intergovernmental agreement in
order to be able to plan for future urbanization.
Ms. Safarik advised that the property is located just outside the Long-Range Expected
Growth Area and noted that once a property has been developed, it is difficult to try
to ameliorate any negative impacts.
Although the property is not within the City's Long-Range Expected Growth Area,
Commissioner Coan felt that its use still may not be appropriate since it could
negatively impact the city at some time in the future. He was in favor of placing a
time limitation on the operation or placing a time limit requiring that the operation
terminate once development occurs within a certain distance of the property.
Planning Comm. Minutes 10 April 8, 1997
However, he did not have a recommended time limitation. He felt that it would be
poor planning to allow an operation that could not be changed.
Commissioner Ewald said he favored approving the use with the three conditions
recommended by staff. Commissioner Lockhart agreed but suggested that the use be
reviewed in 20 years or as development occurs closer to the site.
Therefore, it was the consensus of the Commission to add a fourth condition which
would require review of the use in 20 years or at such time that urbanization
approaches within 1000 feet, whichever comes first.
Mr. Brady confirmed that the use could run with the property if the recommendation
is accepted by Weld County.
Commissioner Coan thought that the additional condition would be "fairly consistent"
with what the County has permitted with similar requests.
Commissioner Lockhart added that the fourth condition would put any potential
owners on notice of the possible termination of the operation for financial planning
purposes.
Commissioner Coan asked if Weld County special use permits typically contain time
limitations. Ms. Safarik did not know.
Commissioner Berg asked for a definition of "urbanization." Ms. Safarik explained
that urbanization is generally determined to occur when a parcel has been platted and
has services provided.
Commissioner Coan felt that, while the use may be appropriate now, it might not be
in the future.
Commissioner Ewald then moved to recommend approval of the request with four
conditions: (1) Haul routes should be identified, (2) the number of exits from this
parcel onto 83rd Avenue shall be limited to two, (3) the special use permit shall be
nontransferable to any other subsequent property owner, and (4) the use shall be
reviewed within 20 years or at such time that urbanization approaches within 1000
feet, whichever comes first. Commissioner Lockhart seconded the motion, which
carried 6-0 (de Besche absent).
Planning Comm. Minutes 11 April 8, 1997
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Attachment F - Odor Complaints Memorandum
Al
O
Community Developmer
City of
Greeley
2,ae; September 26, 2000
7o- Jeff Hoffman, Planner II
*zoo; Karen Scopel, Natural Resources Planner
S ; Proposed Expansion of Podtburg Dairy
This memo is to address concerns regarding the proposed expansion of the Podtburg Dairy. The
attached data sheet and graphs illustrates that the residents of Greeley have complained about odors of
a "feedlot or manure" nature more than any other type of odor. Although two feedlots within the city
have closed during the covered time period, the percentage of calls related to this type of odor has not
seen a significant decrease but has actually increased since 1998. A road survey of animal confinement
operations (CAFO's) of 50 or more head within 5 miles of the city limits revealed 63 such operations.
Because of the continuing high rate of calls related to these operations, the City's Air Quality and
Natural Resource Commission approached the Weld County Commissioners to express their concern
and asked the Weld County Commissioners for assistance in addressing this matter. The Weld County
Commissioners came back to the group with a proposal to enter into a program that would first
investigate the CAFO's to see which are using best management practices. They would then work with
any that were not using these methods to encourage their practice. The program would also provide
research into new methods or materials that would reduce odor emissions from the CAFO's.
Following a negative editorial by the Greeley Tribune, the Weld County Commissioners met with the
Air Quality and Natural Resource Commission to find out if they were still supportive of the proposed
program. The AQNR board strongly endorsed the program and urged the Weld County
Commissioners to actively pursue the funding needed to move the program ahead. The mayor has also
expressed his support of the program and several council members have indicated the desire to take a
strong stance on odor concerns.
Because the Podtburg Dairy is in the City of Greeley's long range growth area and also upwind from
the community, I suggest that the proposed expansion is contradictory to both the City's and County's
efforts to address odor management. It is one thing to encourage and enforce best management
practices in existing facilities and another to allow a major expansion of a facility. I strongly urge
denial of the proposed expansion, but if it is approved it should be with a condition that the facility be
subject to the City's odor regulations as provided in Chapter 9.52 of the Greeley Municipal Code.
TYPE OF ODOR DESCRIBED
2000# 1999 1998 1997^
RENDERING/COOKING 64 35 42 50,
DEAD ANIMAL 13 20 19 11
MANURE/FEEDLOT 180 205 101 334
SEWER 21 37 20 47
MONFORT/CONAGRA 14 10 11 4
OTHER 49 72 58 59
TOTAL* 341 379 251 505
"ONE CALL MAY DESCRIBE MORE THAN ONE ODOR
#2000 IS YEAR TO DATE
^INCOMPLETE DATA(TOTAL OF 650 CALLS)
1997 - 2000 Comparisons
Type of Odor Described by Caller
2000# 1999 —
OTHER(14.37%) RENDERING/COOKING(9.23%) -
--RENDERING/COOKING(18.77%) OTHER(19.00%)
f DEAD ANIMAL(5.28X) _
ONFORT/CONAGRA(4.11%)-
SEWER(616%) F va^ - —DEAD ANIMAL(3.81%)MONFORT/CONAGRA(2.64%) !
SEWER(9.76%)--
MANURE/FEEDLOT(5409%) -
--MANURE/FEEDLOT(52.79%)
1998 1997^ —
OTHER(11 68%) RENDERING/COOKING(9.90%)
RENDERING/COOKING(16.]3%)
OTHER(23.11%) MONFORT/CONAGRA(079%)
-DEAD ANIMAL(2.18%) _
1 SEWER(9.31%)
FORT/CONAGRA(4.38%) Y
SEWER(7.97%)
2000 is YTD , -
MANURE/FEEDLOT(40.24% -MANURE/FEEDLOT(66.14%)
Attachment G - Buffer Yard Standards
Chapter 18.44 Landscaping&Buffering Standards 18.44.060
Chart 3-Buffer Yard Types
Type-Base Standard Option: Plant Option: Option:Add 3'berm,
(plants per 100'linear) Width* Multiplier** Add 6'wall or 6'fence
Buffer Yard A: 10'= 1.25 .50 .75
1 canopy tree 15'= 1.00
1 ornamental tree or 20'= .90
large shrub 251= .80
5 shrubs(Type 1)
Buffer Yard B: 10'= 1.25 .50ammiDD, .75
2 canopy trees 15'= 1.00
2 ornamental trees 20'= .90
or large shrubs 25'= .80
1 evergreen tree 30'= .70
5 shrubs(Type 2)
Buffer Yard C: 10'= 1.25 .65 .80
3 canopy trees 15'= 1.00
2 ornamental trees 20'= .90
or large shrubs 25'= .80
3 evergreen trees 30'= .70
15 shrubs(Type 2-33%, 35'= .60
Type 3-67%) 40'= .50
Buffer Yard D: 15'= 1.25 .75 .85
4 canopy trees 20'= 1.00
4 ornamental trees or 25'= .90
Type 3 shrubs 30'= .80
3 evergreens 35'= .70
25 shrubs(Type 3) 40'= .60
45'= .50
Buffer Yard E: 20'= 1.25 .75 .85
5 canopy trees 25'= 1.00
6 ornamental trees 30'= .90
or large shrubs 35'= .80
4 evergreen trees 40'= .70
30 shrubs(Type 3) 45'— .60
50'= .50
Shrubs: Type 1: 1 -4' high;Type 2:4'-8'high; Type 3:over 8'high
* BASE STANDARD for each type of buffer yard is that width which has a plant multiplier of 1.00.
**Plant multipliers are used to increase or decrease the amount of required plants based on
providing a buffer yard of reduced or greater width,or by the addition of a wall,berm,or fence.
1. The Base Standard on Chart 3 describes the standard buffer yard which shall be
required for each type of buffer. The minimum required width which shall be
required for the base standard shall be that width which has a plant multiplier of 1.00.
City of Greeley Development Code
Page 216
Attachment H - Chapter 9.52
product from an employee of the business to the the manufacture of products, processing or prepa-
customer. No tobacco products are to be sold or ration of agricultural products, including food
displayed on countertops within physical reach of processing, feeding or containment of animals,
customers. The provisions of this paragraph shall waste treatment, or any other activities or opera-
not apply to vending machines and to self-service tions which may have as a byproduct the emission
displays of tobacco products that are located in a of odors, dust particulates or waste chat' be con-
public place where access by minors is prohibited. ducted in such a way as to prevent release of
(Ord. 59, 1998 §1) offensive odors from the site and to protect surface
water, ground water and air quality through appii-
9.49.030 Penalties. cation of appropriate management practices. (Oth.
55, 1995§1(part);Ord.46, 1987§1(part))
(a) Each day that a person violates any part
of this Chapter 9.49 shall be considered as a sepa- 9.52.020 Definitions.
rate and distinct violation.
The following words and phrases have the fol-
(b) Any violation of this Chapter 9.49 is lowing meanings unless the context clearly indi-
punishable pursuant to Chapter 1.32 of this Code. cates otherwise:
Any violation shall carry a minimum fine of two
hundred fifty dollars ($250.00). (Ord. 59, 1998 (1) Animal feeding operation is a con-
§I) fined animal- or poultry-growing operation
(facility) for meat, milk or egg production or
stabling wherein livestock are fed at the place
Chapter 952 of confinement for forty-five (45) days or
longer in any twelve-month period and crop or
Air Quality forage growth is not maintained in the area of
confinement,and the avenge working capacity
9.52.010 Legislative findings and intent. is five(5)or more animal units.
(a) The City Council finds that air pollution (2) Animal unit means a unit of measure-
in the form of odor and particulate contaminants ment used to determine the animal capacity of
presents a threat to the health, safety and welfare an animal-feeding operation. The animal unit
of the inhabitants of the City. capacity of an operation is determined by mul-
tiplying the number of animals of each species
(b) It is the intent of the City Council to by the appi s priate equivalency factor from
regulate activities contributing to the degradation Table 1 and summing the resulting totals for all
of the air quality within the City limits in order to animal species contained in the operation.
preserve the health, safety and welfare of its
inhabitants. Table t
Animal Unit Equivalency Factors
(c) It is the intent of the City Council to initi- Animal Species Equivalency Factor
ate a public awareness program concerning the use Slaughter and feed cattle 1.0
of wood stoves, to include burning of trash or wet Mature dairy cattle 1.4
wood, overall operation of wood stoves and the Swine,butcher and breeding
like, and the promotion of mass transit and alter- (>551bs.) 0.2
native modes of travel to motorized or petroleum- Sheep lambs,goats 0.2
fueled vehicles. Turkeys 0.02
Chickens,broiler and layer 0.01
(d) It is the intent of the City Council to
Young stock, less than fifty percent (50%) of adult
assure that activities and operations which involve
weight,reduces the above equivalency factor by one-half.
9-32
Supp.9
Health and Safety — Sec. 9.52.020
`. (3) Atmosphere means all space out- c. A detailed explanation of the
side of buildings, stacks or exterior ducts. specifications and operating parameters
of the best available and practical con-
(4) Average corking capacity is the trol technologies, monitoring instrumen-
average occupancy of the animal feeding tation and equipment and process and
operation on a monthly basis defined as procedures intended for the mitigation
the sum of the daily occupancy rates or control of odor pollution.
divided by the number of days during a
calendar month the facility conducts ani- d. A specification of the documenta-
mal feeding operations. tion which will be made available for
the City's review recording the data
(5) Best available control technology produced by the monitoring equipment
(BAGT) means the practical utilization of and which will verify that process and
those technologies, processes, procedures procedures are conducted consistent
or operating methods by an industry or with the specifications in the facility's
other source which results in the elimina- odor control study and plan.
tion or the maximum achievable reduction
of odor pollution from an odor emission a An approved schedule which
point source sufficient to maintain compli- states in a time-certain manner the
ance with the standards established by the implementation and installation of the
Air Quality and Natural Resources Coin- best available control technology, pro-
mission. ass, procedures, operating methods and
monitoring instrumentation designed to
(6) Best management practices (BMP) mitigate or control odors at the facility
means practical activities, procedures or inclusive of an approved completion
practices necessary for achieving air quality date.
�— (including odor) and water quality to
achieve minimum compliance with the E An acknowledgement of the
standards established by the Air Quality authority of the City and its agents to
and Natural Resources Commission. enter into the facility or its property to
investigate complaints and to verify the
(7) Compliance plan means an agree- facility's adherence to the compliance
meat between a significant odor generator plan upon presentation of proper cre-
and the City, which contains the following denials and in a manner as set forth in
elements: Section 9.52038 of this Chapter.
a. An inventory of potential or iden- (8) Emission or emit means to dis-
tified odor emission point sources asso- charge or release or permit or cause the
ciated with the industry or source. discharge or release of one (1) or more air
contaminants into the atmosphere.
b. A plan of technical quality
detailing best available and practical (9) Enforcement official means the
control technologies and appurtenances City Manager or his or her designee.
designed to eliminate or achieve the
maximum reduction of odor pollution (10) High pollution day means that
from an emission point source inclusive period of time declared to be a high pollu-
of but not limited to certain processes, tion day by the County Health Depart-
procedures or operating methods ment.
intended to mitigate or control odor
pollution.
9-33
Supp.2
Health and Safety — See.9.52020
(11) Manure means feces, urine, litter, or final material or product used in or
bedding or feed waste from animal feeding resulting from the production of animals or
operations or from any livestock or animals poultry or their direct products (e.g., milk,
contained in an area. eggs)
(12) No discharge means no discharge (18) Significant odor generator means
of manure or process wastewater to waters an industry, facility or other source which
of the State except in the event of a has been identified by the Commission or
twenty-five-year, twenty-four-hour storm its designee as the cause of odorous air
event. contaminants which have been experienced
off-site from the principal operation and
(13) Odor or odorous air contaminants . for which a compliance plan is so required.
shall mean any fume, smoke, vapor, gas,
suspended solid or liquid matter, or any (19) Sole source of heat means one (1)
combination thereof, which contains prop- or more residential solid-fuel-fired heating
erties or elements detectable by the sense devices which constitute the only source of
of smell. heat in a private residence for purposes of
space heating. No residential solid-fuel-
(14) Odor control permit means a per- fired heating device or devices shall be
mit issued by the Air Quality and Natural considered to be the sole source of heat if
Resource Commission to a significant odor the private residence is equipped with a
generator upon the finding of a satisfactory permanently installed furnace or beating
compliance plan for management of odors system utilizing oil, natural gas, electricity
from a particular prolxrty or propane, whether connected or discon-
nected from its energy source.
(15) Particulate air contaminants means
visible, man-made or process-made dusts (20) Solid-fuel-fired heating device
with an aerodynamic diameter not more means a device designed for solid fuel
than a nominal ten (10) microns (PM-10). combustion so that usable heat is derived
for the interior of a building and includes
(16) Person means any person, firm, solid-fuel-fired stoves, fireplaces, inserts
association, organization, partnership, busi- and combination fuel furnaces or boilers
ness, trust, corporation, company, contrac- which burn solid fuel. For purposes of this
tor, supplier, installer, user or owner or Chapter, coal shall be considered a solid
any representative, officer or employee fuel. Solid-fuel-fired heating devices do
thereof Any person or entity or combina- not include barbecue devices or natural
lion of persons or entities may be jointly gas-fired fireplace logs.
or severally liable for causing air emissions
above currently permitted levels. (21) Twenty-five-year, twenty-four-hour
storm means a storm of a twenty-four-hour
(17) Process wastewater or wastewater duration which yields a total precipitation
means any process-generated wastewater of a magnitude which has a probability of
and any precipitation (rain, hail or snow) recurring once every twenty-Eve (25) years
which comes into contact with any manure as shown in Appendix A. (Ord. 55, 1995
or any other raw material or intermediate §1(part); Ord. 46, 1987 §1(part))
9-34
Supp. 2
Health and Safety—Sec.9.52.023
9.52.023 Formation of Air Quality and (2) Review odor complaints and formally
Natural Resources Commission; designate those sources determined to be "sig-
members;terms;replacement and nificant odor generators."
removal.
(3) Issue"odor control permits."
(a) Commission established. There is hereby
established an Air Quality and Natural Resources (4) Consider appeals to staff actions taken
Commission, the purpose of which is to regulate in response to odor complaints.
air quality and related matters as authorized by this
Chapter, to advise the City Council on matters (5) Perform other such duties as may be
related to air quality and related natural resources, prescribed by City Council or as defined fur-
red in accordance with the powers and duties set ther in Commission rules of procedure, which
forth in this Section. The Commission shall be rules shall not conflict with the authority as
comprised of five(5)members(who also serve the provided in this Chapter. (Ord. 25, 1999
City in the capacity of Plant Management Advi- §4(part);Ord.55, 1995 §1(part))
sory Commission), who shall all be landowners in
the City. The Commission membership shall 9.52.025 Odor violations.
include at least one (1) representative from the
agricultural community and one(1)representative (a) It shall be deemed an unlawful nuisance
from the business community. for any person to cause or permit the emission of
odorous air contaminants or particulate air con-
(b) Terms. The terms of the members of the taminants from any source such as to result in
Air Quality and Natural Resources Commission detectable odors and/or particulate emissions
shall be for three (3) years, except that the initial within the City as defined above which leave the
terms of two (2) of the members shall be for two premises upon which they originated and which
(2)years. interfere with the reasonable and comfortable use
and enjoyment of property. An odor shall be
(c) Appointment;removal. The City Council deemed to interfere with reasonable and comfort-
shall have the power to appoint the members of able use and enjoyment of property if it is detect-
the Air Quality and Natural Resources Commis- able by a trained observer and which meets or
sion and to remove any member for cause. exceeds any of the following limits:
(d) Voting. Only the five (5) regular mem- (1) It is a violation if odorous contami-
bers of the Commission shall have the right to nants are detected when one(1)volume of the
vote, and a quorum of three (3) Commission odorous air has been diluted with seven (7) or
members shall be necessary for the Commission to more volumes of odor-free air, as measured by
exercise the jurisdictional powers granted in this the Barnaby Chaney Scentometer or any other
Chapter. All decisions of the Commission shall be instrument or device designated by the Colo-
by majority vote of the members present. rado Air Pollution Control Division, as so
shown by a certificate from the Division,which
(e) Powers and duties. The Commission said certificate shall be admitted in evidence as
shall have the powers and duties to: a self-authentication document. Personnel
shall be certified and equipment shall be certi-
(1) Develop and recommend an odor fled and maintained in accordance with the
management plan for the City and its environs manufacturer's specifications and reconimen-
which shall be reviewed no less than every dations and the Colorado Air Pollution Control
three (3) years and which shall be transmitted Division.
to City Council for approval, modification or
rejection.
9-35
Supp. 10
Health and Safety—Sec.9.52.025
(2) It is a violation to continuously emit breakdown, and measures taken to correct it
particulate air contaminants above levels shall be submitted within three (3) working
allowed in the U.S. EPA National Ambient Air days of the event.
Quality Standards (NAAQS) and/or Colorado
Department of Health Air Standards, which- (2) The routine start-up, shutdown,
ever is more strict, and then at no more than cleaning,maintenance or testing of:
twenty percent(20%)opacity.
a. Machinery or equipment causing the
(3) A violation exists and is considered an emission.
odor alert condition when the City is in receipt
of three(3) or more calls from individuals rep- b. Machinery or equipment designated
resenting separate properties within the City to control, reduce or eliminate emissions,
within a six-hour period relating to a single where persons undertaking such activities
odor description. The City shall provide a notify the City in writing forty-eight (48)
designated phone number to call to report an hours in advance and the procedure is not
odor complaint. The complaints shall be conducted during a high-pollution alert. ,
recorded by a staff member or by electronic Such notice shall include the date, duration
means and shall be considered as an individual and approximate time that the repair or
odor complaint when the following information maintenance activity chall be engaged in.
is provided: Approval of the activity must be provided in
writing by the City, which may add limita-
a. Name, address and phone number of tions to the proposed actions if deemed nec-
complainant. essary to best address the public welfare.
After receipt of said notice,the City may, if
b. Time and date of call. deemed necessary, issue public service
advisories that odor conditions may exist.
c. Description of odor nuisance,
including estimated location or source of (3) Temporary sources or events, such as
complaint and any prevailing wind or rodeos,county fairs and stock shows.
weather conditions observed.
(4) Odorous air contaminants existing
The City shall investigate all complaints to verify solely within residences, or solely within com-
the source of the odor nuisance and take appropri- mercial and industrial plants, works or shops,
ate corrective action. or to affect the relations between employers
and employees with respect to or arising out of
(b) Exceptions. Violation of the odorous air any condition of air pollution, provided that
contaminant standard may not be subject to pen- such odors do not penetrate the atmosphere and
alty if any of the following circumstances is extend beyond the property boundary so as to
deemed to exist: become a public nuisance.
(1) Upset conditions or the breakdown of (c) Compliance. In addition to the penalties
a device, facility or process that causes an provided in Chapter 1.32 of this Code and the pro-
odorous emission if the upset condition or cedures attached hereto and specified in Section
breakdown could not be reasonably anticipated 9.52.038,the City may find the person responsible
and prevented and if immediate action is taken for a violation of the odor standards to be a "sig-
to eliminate the upset condition and/or repair nificant odor generator" for which a compliance
the equipment. The City shall be verbally noti- plan is required for submission and acceptance to
fled of the upset condition or breakdown within the City. (Ord. 58, 1997 §1; Ord. 55, 1995
eight (8) hours of the occurrence and written §1(part))
notification detailing the upset condition or
9-36
Supp. 10
Health and Safety — Sec, 9.52027
932027 Environmental code nukances and duty of the owner or keeper thereof to
standards enumerated. remove or properly dispose of the body of
such animal promptly. If such body shall not
(a) Stale matter. No person whatsoever promptly be removed, the same shall be
shall keep, collect or use, or cause to be kept, deemed a nuisance, and such owner or
collected or used, in the City, any stale, putrid keeper will be the author of the nuisance.
or stinking fat or grease or other stale matter When the body of any such dead animal shall
in such a way as to be experienced as an odor be in any street, highway or public grounds in
alert condition at or beyond the property line, the City, it shall be the duty of the City ani-
other than normal weekly trash accumulation. mal control officer to cause such body to be
removed promptly. Removal of a dead ani-
(b) Sewer inlet. No person shall, in the mal from any private property, where the
City, deposit in or throw into any sewer owner or occupant fails to act, shall cause the
(sanitary or storm), sewer inlet or privy vault City code enforcement officer to respond in
that shall have a sewer connection any article accordance with Section 9.16.121. Any cost
whatever that might cause such sewer, sewer for such disposal shall be assessed to the
inlet or privy vault to become nauseous to owner of such animal, if known, or land
others or injurious to public health. owner where such animal is located, if the
land owner is deemed the party responsible
(c) Transporting of garbage, manure. for care and control of the animaL
Every cart or vehicle used to transport
manure, garbage, swill or offal in any street in (0 Animal pens and barns. Any area in
the City shall be fitted with a substantial tight which animals are kept in which manure or
box thereon so that no portion of such filth liquid discharges of such animals shall collect
will be scattered or thrown into such street or and accumulate so that offensive odor shall
observable to the olfactory senses. be allowed to propagate and/or where flies
and rodents are unreasonably attracted shall
(d) Streets, streams and water supply. be declared a nuisance and is prohibited.
No person shall throw or deposit, or cause or Such limitations shall extend to all such uses
permit to be thrown or deposited, any offal including, but not limited to, animal feeding
composed of animal or vegetable substances, operations, stables, kennels and pet care,
or both, any dead animal, excrement, garbage boarding and sale operations, whether of a
or other offensive matter whatever upon any personal or commercial nature and regardless
street, avenue, alley, sidewalk or public or of historic establishment as a land use.
private grounds. No person shall, in the City,
throw or deposit or cause or permit to be (g) Stagnant ponds. The permitting of
thrown or deposited anything specified in any stagnant water on any lot or piece of ground
foregoing part of this Section or any other within the City limits is hereby declared to be
substance that would tend to have a polluting a nuisance, and every owner or occupant of a
effect into the water of any stream, ditch, lot or piece of ground within the City is
pond, well, cistern, trough or other body of hereby required to drain or fill up said lot or
water, whether artificially or naturally created, piece of ground whenever the same is neces-
or so near any such place as to be liable to sary so as to prevent stagnant water or other
pollute the water. nuisance accumulating thereon, and it shall be
unlawful for any such owner or occupant to
(e) Dead animal; removal. When any permit or maintain any such nuisance.
animal shall die in the City, it shall be the
9-37
Supp. 2
Health and Safety — Sec. 9.52.027
Manure and waste accumulation; (2) The Commission shall consider the
application. Except as provided at Section evidence presented and any related testi- --
9.16.010, no manure or other such waste mony by the source and the public during
products, whether of a solid or liquid form, its public designation hearing. At the close
may be accumulated or permitted as a land of such hearing and in consideration of the
application such as for soil fertilization or for evidence and testimony presented, the
dust abatement or control in any fashion Commission may formally designate the
within the City. Within any animal feeding or source as a 'significant odor generator,"
containment operations or industrial use such designation to be provided in writing
where animal (or human) waste products to the applicant within two (2) weeks of
accumulate or are processed, removal of such hearing and which shall be accompa-
waste products must occur regularly to pre- nied by a set of requirements for submis-
vent observation of odor at or beyond the sion of and consideration of a "compliance
property boundaries of the source of the plan."
waste.
(3) The source designated by the
(i) Odor-control equipment; continuous Commission as a "significant odor genera-
operation. Except as provided in Section tor' shall be required to submit a compli-
9.52.025(b), it shall be unlawful for any odor- ance plan in accordance with the Commis-
control equipment such as, but not limited to, lion's findings. The period of time within
wastewater lagoon aerators, air scrubbers or which to conduct this evaluation and analy-
filters, for industrial facilities to be out of sis, and the date of submission of the pro-
operation while a source which generates the posed plan to the City, shall be prescribed
odor is in operation. (Ord. 55, 1995 f1(part)) by the Commission. Upon receipt of the
plan by the (Sty, the City Manager or his
9.52.028 Designation as a 'significant odor or her designated environmental code
generator.' compliance officer shall:
Designation. Upon investigation, and a. Review the document for ade-
determination that the exceptions of Section quacy and use of the best available
9.52.025(b) do not apply, the City code odor control technology.
enforcement officer shall refer a site to the
Air Quality and Natural. Resources Commis- b. If deemed necessary by the Envi-
sion for consideration of designation as a ronmental Health Officer, the report
"significant odor generator" and cause the may be submitted to the County Health
following to occur. Department or a private consultant for
review and recommendation to the City
(1) Written notice shall be provided to and the Commission.
the source of the proposed designation at
least ten (10) days in advance of a designa- Such plan shall be considered and
lion hearing, noting the time and location reviewed by the Commission in a manner
of such hearing before the Air Quality and identical to the designation hearing. If
Natural Resources Commission. Said said plan is found inadequate, the Com-
notice shall also be provided in a legal mission shall, in writing, provide the source
notice in a newspaper of local circulation with a listing of areas of deficiency and a
at least ten (10) days before such hearing time period within which to modify the
is scheduled. plan for further consideration by the
Commission.
9.38
Supp. 2
Health and Safety — Sec. 9.52.028
•
. - (4) At the conclusion of the hearing to be aware of any declaration of a high-
process on the submitted plan, the Com- pollution day by the Weld County Health
mission shall provide a written confirma- Department
Lion and acceptance of the final plan
Acceptance of the compliance plan by the (b) At the time of the declaration of a
Commission shall be accompanied by an high-pollution day, the City Manager shall
odor control permit issued to the signifi- allow five (5) hours for the burn-down of
cant odor generator conditioned upon the existing fires in solid-fuel-burning devices
payment of fees as set forth in Section prior to the initiation of enforcement.
9.51040.
a. Failure to operate within the are(c) p e following
allowed exemptions toconditions
Subsection (a)
parameters of the agreed-upon compli- above
ance plan may result in suspension of
the odor control permit. Continued (1) Exemption for sole heat source:
operation of the industry or source
while the odor control permit is sus- a. A person who relies on a solid-
pended may result in a requirement to fuel-fired heating device installed prior
submit an amended compliance plan to October 1, 1987, as his or her sole
and/or the application of penalties as source of heat may apply to the City
set forth in Chapter 132 of this Code. Manager or his or her designee for an
exemption from Subsection (a) above.
b. The odor control permit shall be
renewed at the end of each twelve- b. A person applying for an crimp-
month period commencing with the tion must sign a sworn statement that
date of the initial issuance. If an indus- he or she relies on a solid-fuel-fired
try or source operates without a valid heating device as his or her sole source
odor control permit, the application of of heat.
penalties as set forth in Chapter 132
shall result c. An exemption obtained under this
Section shall be effective for twelve (12)
(5) Compliance for a period of three months from the date it is granted.
(3) yea with the compliance plan submit-
ted by the source found to be a significant (2) Exemption for economic need:
odor generator may, at the request of the
source, remove such source from the classi- a. A person who relies on a solid-
fication as a significant odor generator. fuel-fired heating device installed prior
(Ord. 55, 1995 *1(part)) to October 1, 1987, because of eco-
nomic need may apply to the City
95'CGO prolnbitiorg solid- Manager or his or her designee for
fuel-fired beating device. exemption from Subsection (a) above.
(a) After October 1, 1987, no person may b. A person applying for this exemp-
operate a solid-fuel-fired heating device, tion must demonstrate economic need
except a wood stove or insert certified by the by certifying eligibility for energy assis-
Colorado Department of Health or a noncer- tante according to economic guidelines
tified wood stove or insert fitted with an established by the United States Office
approved retrofit antipollution kit, during a of Management and Budget under the
high-pollution day unless an exemption has Low-Income Energy Assistance Program
been granted pursuant to Subsection (cxt) or (LEAP.), as administered by the
(2) below. It shall be the duty of all persons County.
owning or operating a•solid-fuel-fired device
9-39
Supp. 2
Health and Safety — See. 9.52030
c. An exemption obtained under this reevaluate the program every three (3) years
Section shall be effective for twelve (12) during the normal Code review process.
months from the date it is granted.
(3) (g) Public awareness program. The City
Exemption for cooking purposes. Manager or his or her designee shall initiate a
Appliances designed and used primarily for public awareness program to encourage the
cooking purposes shall be exempt from the proper use and operation of solid-fuel-burning
provisions of Subsection (a), (b) and (d) devices and encourage the public in those
above. practices which minimize the potential for air
pollution.(4) Fvemption for solid-fuel boilers 1989§(part)d. 55,
Ord. �46, ¢1(1p Ord. 27,
art
that require state emission permits. Solid-
fuel *1(part))
fuel boilers that require state emission 9.5..035 Animal feeding operations
permits are exempt from the provisions of
this Chapter.
The following standards shall
(d) Wood stove installation and reinstal- all land uses which function c as "animal feed-
lation. No person shall install a new wood ing operations" as defined in this Chapter
stove, whether freestanding or insert, unless it
is certified by the Colorado Department of (1) Surface water protection.
Health. No person shall reinstall a noncerti-
fied wood stove, whether freestanding or a. General performance require-
insert, unless an approved retrofit antipollu- ments:
Lion kit is available and installed prior to the
reinstallation of the wood stove. 1. Animal feeding operations are
required to be operated as no-
(e) Violation; penalty. Any person who discharge facilities. Compliance with
violates any provision of this Section of this the nod'
Cho ter or performsno-discharge installation ptoa and can only
r-
defined in this Chapter,ms unlawful person who fails be on of dequate manure and pro-
to perform any act requiredy this Chapter cess wastewater collection, storage
or any person who fails or refuses to comply and land application facilities.
with any lawful order given pursuant to this
Chapter is guilty of a misdemeanor and upon 2. Animal feeding operations
first offense shall be issued a warning; upon shall control all manure and process
second offense shall be issued a summons and wastewater including flows from the
upon conviction shall pay a fine of twenty-five animal areas and all other flows
dollars ($25.00) or successfully complete a from an applicable storm event.
class on proper use of solid-fuel-fired burning Control of manure and process
devices in lieu of payment of the twenty-five- wastewater from animal feeding
dollar fine; and upon third and succeeding operations may be accomplished
offenses shall be issued a summons and upon either through use of retention
conviction shall be punished as provided in basins, terraces or other runoff con-
Chapter 1.32 of this Code. Each day of any trol methods. In addition, diversions
such violation is a separate offense and pun- of uncontaminated surface drainage
ishable accordingly. prior to contact with the animal
feeding operation or manure storage
(t) Three-year review. The Building areas may be required.
Inspection Advisory and Appeals Board shall
9-40
Supp. 2
Health and Safety — Sec. 9.52.035
b. Design criteria. An operator of to maintain the structural integrity of
an animal feeding operation shall not the structure or to prevent overflow.
discharge manure, process wastewater
or stormwatei runoff from the facility to 2. To ensure that adequate
state waters except as the result of capacity exists in the control struc-
storms equal to or in rxr.ns of the tures to retain all manure and pro-
amount resulting from a twenty-five- cess wastewater produced during
year, twenty-four-hour storm. The periods when land application or
twenty-five-year, twenty-four-hour storm disposal operations cannot be con-
event designation criterion applies to all ducted (due to inclement weather
stormwater diversion structures (e.g., conditions, lack of available land dis-
dikes, berms, ditches) as well as manure posal areas or other factors), manure
and process wastewater retention and and process wastewater shall be
control structures. Any discharge to removed from the control structures
surface waters shall be as the result of as necessary prior to these periods.
excess flow or overflow beyond the
properly designed and constructed 3. Adequate equipment shall be
retention capability or hydraulic capacity available on-site or provided for in a
of the manure or process wastewater written agreement for the removal of
control structures. A discharge shall not accumulation of manure and process
result from dewatering or lowering of wastewater as required for compli-
the process wastewater level or solids ance with the provisions of this Sec-
storage level below the design retention tion.
capability of the control structures.
Runoff volumes shall be calculated in 4. Process wastewater retention
accordance with City standards. structures shall be equipped with sys-
- terns capable of dewatering the
c. Operation and maintenance re- retention structures for off-site dis-
quirements: posal.
1. Manure and process wastewa- 5. Off-site drainage diversion.
ter removaL Accumulations of When animal confinement areas and
manure and process wastewater shall manure stockpiles must be isolated
be removed from the control reten- from outside surface drainage by
tion structures as necessary to pre- ditches, pipes, dikes, berms, terraces
vent overflow or discharge from the or other such structures, these diver-
structures. Manure and process sion structures shall be maintained to
wastewater stored in earthen storage catty peak flows expected at times
structures (lagoons or earthen stor- when the applicable design storm
age basins) shall be removed from event occurs. All manure stockpile
the structures as necessary to main- areas shall be constructed and main-
tain a minimum of two (2) feet of tained so as to retain all rainfall
freeboard in the structure, unless a which comes in contact with the
greater level of freeboard is required stockpiles.
9-41
Supp. 3
Health and Safety — Sec. 9.511035
(2) Groundwater protection. All ani- b. Dust abatement measures shall be
mal feeding operation wastewater retention taken which prevent the lofting of par-
structures or retention structures which ticulate matter from animal feeding
collect stormwater runoff which comes into operations. The dust abatement mea-
contact with manure shall be constructed sures themselves shall not generate
of compacted or in-site earthen materials odors or create airborne particulates.
or other very low permeability materials
and shall be maintained so as not to c. No animal feeding operation shall
exceed a seepage rate of 1/32" per day (1 cause or allow the emission of odorous
x 10 cm./sec). The operator shall have air contaminants which result in
available suitable evidence that a corn- detectable odors after the odorous air
pleted lining meeting the requirements of has been diluted with seven (7) or more
the subsection is constructed and func- volumes of odor-free air.
tionaL
(5) Best management practices.
a. Compacted or in-situ earthen
materials shall consist of suitable soils a. The following "best management
which meet the seepage rate of this practice? (BMPs) shall be utilized by
Section and shall have a minimum animal feeding operations as appropri-
compacted thickness of twelve (12) ate based upon existing physical condi-
inches. tions and site constraints. Best Man-
agement practices means, for pm-poses
b. Very low permeability materials of this regulation, activities, procedures
include flexible membrane linings, or practices necessary for the reduction
asphalt-sealed fabric liner and bentonite of impacts from animal feeding opera-
sealants. Installation of very low per- Lions in accordance with the definition
meability materials shall be in actor- of BAC 'in this Chapter.
dance with the manufacturer's installa-
tion specifications. b. The following practices to
decrease runoff volume from animal
(3) Land application of wastewater or feeding operations are BMPs within the
manure. Except as provided at Section meaning of this regulation.
9.52.027(h), the application of wastewater
or manure from animal feeding operations 1. Operators of animal feeding
to land within the City limits is strictly operations shall divert runoff from
prohibited. uncontaminated areas away from
animal containment areas and
(4) Air quality control All animal manure and process wastewater con-
feeding operations shall be operated and trot facilities to the maximum extent
maintained in a manner which controls the practicable through:
generation of odors off site and which
reduces the potential for odor generation. a) Construction of ditches, ter-
races or other waterways.
a. Manure shall be removed from
the site as often as necessary to control b) Installation of gutters,
odors but in no event less than on a downspouts and buried conduits
quarterly basis. to divert roof drainage.
9-42
Supp. 3
Health and Safety — Sec. 952.035
c) Construction of roofed d) Removal of settleable ma-
areas over animal confinement nure and process wastewater
areas everywhere it is practicable. solids shall be considered ade-
quate Z Practices to decrease wastewa- when the velocity of waste
flows ha
ter discharges to watercourses: been reduced less one-half (0.5) foot per sec-
ond for a minimum of five (5)
a) Operators shall not deposit minutes. Sufficient capacity shall
such materials which might pot- be provided in the solids-settling
lute waters of the State in such facilities to store settled solids
locations that stormwater runoff between periods of manure and
or normally expected high stream process wastewater disposaL
flow will carry such materials into
the waters of the State. e) Collect and remove manure
and waste frequently.
b) Process wastewater reten-
tion structures shall not be 4. Practices to protect groundwa-
located within a mapped one- ten
hundred-year floodplain as desig-
nated and approved by the a) Operators of animal feeding
Colorado Water Conservation operations shall locate manure
Board (CWCB) unless proper and process wastewater manage-
fioodproofing measures (struc- ment facilities hydrologically
tures) are designed, permitted and downgradient and a minimum
constructed. horizontal distance of one hun-
dred fifty (150) feet from all
3. Practices to minimize solid water supply wells.
manure transport to watercourses:
b) When applying manure and
a) Manure stockpiles shall be process wastewater to land, opera-
located away from watercourses tors of animal feeding operations
and above the one-hundred-year shall utilize a buffer area around
floodplain as designated and water wells.
approved by CWCB unless ade-
quate floodproofng structures are (6) Manure and process wastewater
provided. management plans. All new, reactivated,
reconstructed or expanded animal feeding
b) Operators of animal feeding operations and existing animal feeding
operations shall provide adequate operations which have been determined to
manure storage capacity based be in significant noncompliance with these
upon manure and wastewater regulations shall submit a written manure
production. and process wastewater management plan
to the City. The
c) Settleable solids shall be re- comments onthe adequacy of d her
plan
moved by the use of solids-settling within forty-five (45) days of receipt of
basins, terraces, diversions or such submittal This plan shall include
other solid-removal methods. details demonstrating the facility's ade-
quacy to comply with these regulations.
The plan, at a minimum, shall include the
following:
9-43
Supp. 2
Health and Safety — Sec. 9.52.035
a. Legal owner. Development Department or other City
departments and/or divisions as determined
b. I Mal contact. by the City Manager.
c. Legal description of the site. (b) The provisions of this Chapter, which
prohibits the causing or continuing of odor
d. Surface area of the site along with pollution, shall be enforced only upon the
a drainage schematic. finding that a source is a significant odor gen-
erator as defined in Section 952020. An
e. The designated animal unit investigation of an odor alert condition as
capacity. specified in Section 952.025(aX3) shall occur
promptly.
E Stormwater and wastewater con-
veyance facilities. (c) In addition, to further implement and
enforce this Subchapter, the City code
g. Manure and process wastewater enforcement officer mar
containment and treatment facilities.
h. Information on the manure and other studiesdrelatuct ed odor pollution and
process wastewater disposal sites.
(2) Review public and private projects,
The City may require additional informa- including those subject to mandatory
tion characterizing the manure and process review or approval by other departments,
wastewater if deemed necessary. Process for compliance with this Chapter, if these
wastewater retention structures or manure projects are Likely to cause odor pollution
stockpiles shall not be located within a in violation of this Chapter.
mapped one-hundred-year fioodplain as
designated and approved by the Colorado (3) Upon presentation of proper cre-
Water Conservation Board unless proper dentials, and after reasonable notice, enter,
foodproofing measures (structures) are inspect and test any property or place
designed, permitted and constructed. regarding which complaints have been
Facility designs as required under this Sec- filed, or which has been designated as a
tion shall be prepared by a registered pro- significant odor generator, 'and inspect any
fessional engineer, the USDA Soil Conser- reports, records or equipment deemed
vation Service or qualified Agricultural nrrnv ry at any time. An administrative
Extension Service Agent This plan may search warrant may be obtained as pro-
be supplied in conjunction with a oomph- vided in this Code upon failure of the
ance plan if such is required by other sec- owner or his or her authorized representa-
tions of this Chapter but is not intended to tive to permit such inspection upon
replace such plan unless specifically autho- request
rized in writing by the City. (Ord. 55, 1995
*1(part)) (d) If an odor alert condition is verified
by the City code enforcement officer, that
952038 Enforcement officer shall then:
(a) The odor pollution control program (1) Determine the location of the
established by this Chapter shall be imple- complaints which result in the establish-
mented, administered and enforced by the ment of the odor alert condition.
Building Division of the City's Community
9-44
Supp.2
Health and Safety — Sec. 9.52.036
(2) Prepare a summary of the odor (2) Inspect the facility's operating log
descriptions contained in the establishment books pertaining to odor control, the
of the odor alert condition. instrumentation monitoring the odor con-
trol and process equipment, any processes
(3) Determine the prevailing weather and equipment that may relate to odor
condition at the time of the alert including, generation and control, and any other
but not limited to, wind direction, temper- equipment and processes that are deter-
ature, wind velocity, humidity and general mined necessary by the City code enforce-
weather condition& ment officer.
(4) Visit the general area from which (3) Make a determination as to the
the majority of complaints were generated facility's compliance with this Chapter and
in order to characterize the nature of the conformance with the parameters of its
complaint odor abatement compliance plan.
(e) Following such action, the City code (4) If the City code enforcement offi-
enforcement officer shall attempt to make a cer determines that a violation of this
determination as to the industry or source of Chapter exists or that an industry or facil-
origin of the odor alert. ity is not operating within the parameters
of its odor abatement compliance plan, he
(f) If the determination is made as to or she shall notify the facility's owner,
the origin of the odor alert, and such source operator, manager or other responsible
has not been designated as a significant odor party of the noncompliance. Good faith
generator, the code enforcement officer shall negotiations shall then be entered into
notify the owner, operator or manager of the between the responsible party and the City
facility or other responsible party that the code enforcement officer regarding the
facility has been designated as the point necessary corrective action and the time
source or origin of the odor alert. Such noti- frame in which such action shall be taken.
fication shall contain the following: In the event the facility fails to comply
with the notice and the action
(1) The date, times and locations of upon, or if no agreement is reached, the
the occurrence of the odor nuisances. City code enforcement officer may com-
(2) The potential for the industry or Chapte1legal action as prescribed in this
Chsource to be designated as a significant
odor generator, and the potential for (h) Suspension and revocation of permit
enforcement action. (1) Any(g) If the determination is made as to Chapter may permit
revoked for this
violations of
the origin of the odor alert, and such source this Chapter. No revocation shall be
is a significant odor generator, the City code issued except upon notice delivered to the
enforcement officer shall: permittee by mailing the notice in regular
mail addressed to the permittee at the
(1) Notify the owner, operator or address listed on the application, a mini-
manager of the facility or other responsible mum of ten (10) days prior to the date set
party that the facility has been designated for the hearing before the Commission.
as the point source or origin of the odor Such notice shall inform the permittee of
alert and is in potential violation of this the time, date and place of the hearing,
Chapter.
9-45
Supp. 3
Health and Safety — Sec. 9.52.038
the purpose of the hearing, and shall set the record made before the Commission out the reasons therefor. However, if the and the arguments of the parties or their
violation of this Chapter is deemed to be representatives, but no additional evidence
an immediate hazard by the enforcement shall be taken. After such hearing, the
official, and such report is submitted to the City Council may affirm or reverse the
City Clerk in writing, the City Clerk shall order of the Commission. Such determina-
be authorized to temporarily suspend the tion shall be contained in a written deci-
license until notice can be given and hear- sion and shall be filed with the City Clerk
ing held. within three (3) days after the hearing, or
any continued session thereof.
(2) If after such a hearing, the Com-
mission makes a finding based on substan- (5) If the City Council affirms the
tial evidence that a violation of this Chap- action of the Commission, continuing the
ter did in fact occur as alleged, the Com- suspension or revocation, the City Council
mission may continue suspension of or shall so state and order in its written deci-
revoke the permit; the determination of sion. (Ord. 55, 1995 §1(part))
whether to revoke such license shall be at
the discretion of the Commission and shall 9.52040 Feet
be dependent upon the circumstances sur-
rounding the violation and its severity. (a) A fee of five hundred dollars
($500.00) shall accompany an initial applica-
(3) The decision of continued suspen- tion for an odor control permit for a signifi-
sion or revocation made by the Commis- cant odor generator as part of a required
sion may be appealed to the City CounciL compliance plan.
In order to appeal such decision, written
notice of appeal must be filed with the (b) A renewal fee of two hundred fifty
City Clerk within five (5) days after receipt dollars ($250.00) shall be assessed one (1)
of the decision. Failure to file such written year from the initial permit issuance date and
notice of appeal shall constitute a waiver annually thereafter for as long as the compli-
of right to appeal the decision of contin- ance plan is required.
ued suspension or revocation of the Com-
mission. (c) No new or additional fee shall be
assessed a significant odor generator with a
(4) The notice of appeal shall state transfer of ownership of the source so long as
the grounds for such appeal and shall be the new owner confirms in writing his or her
delivered personally or by certified mail to intention to operate the source within the
the sty Clerk. The hearing of such specifications and provisions of the existing
appeal shall be scheduled at the next reg- compliance plan and updates all source
ular City Council meeting, if such notice is information related to ownership and man-
received by 12:00 p.m. on the Wednesday agement personneL (Ord. 55, 1995 §1(part))
before the next regular Council meeting.
If notice is not received by the above-des- 9.52042 General provision.
ignated time, the hearing will be scheduled
for the next following Council meeting, if In the event of any conflict between this
notice is received within five (5) days after Chapter and any other provision of this Code,
receipt of the decision by the Commission. the more restrictive provision shall apply.
The hearing may be continued for good (Ord. 55, 1995 *1(part))
cause. The hearing shall be confined to
9-46
Supp. 3
Habit and Safety — Appendix A
APPENDIX A
RUNOFF FOR INCHES OF RAINFALL
TWENTY-FIVE-YEAR, TWENTY-FOUR HOUR EVENT
k.u.
0 0.1 0.2 0.3 0.4 0.5 0.6 0.7 0,8 0.9
0 0 0.04 0.1 0.18 0.26 0.34 0.43 0.52 0.61
1 0.71 0.8 0.9 0.99 1.09 1.18 1.28 1.38 1.48 1.57
2 1.67 1.77 1.87 1.97 2.07 2.16 2.26 2.36 2.46 2.56
3 2.66 2.76 2.86 2.96 3.06 3.15 3.25 3.35 3.45 3.55
4 3.65 3.75 3.85 . 3.95 4.05 4.15 4.25 4.35 4.45 4.55
5 4.65 4.75 4.85 4.95 5.05 5.15 5.25 5.35 5.44 5.54
6 5.64 5.74 5.84 5.94 6.04 6.14 6.24 6.34 6.44 6.54
7 6.64 6.74 6.84 6.94 7.04 7.14 7.24 7.34 7.44 7.54
8 7.64 7.74 7.84 7.94 8.04 8.14 8.24 8.34 8.44 8.54
9 8.64 8.74 8.84 8.94 9.04 9.14 9.24 9.34 9.44 9.54
10 9.64 9.74 9.84 9.94 10.04 10.14 10.24 10.34 10.44 10.54
11 10.64 10.74 10.84 10.94 11.04 11.14 11.24 11.34 11.44 11.54
12 11.64 11.74 11.84 11.94 12.04 12.14 12.24 12.34 12.44 12.54
13 12.64 12.74 12.84 12.94 13.04 13.14 13.24 13.34 13.44 13.54
14 13.64 13.74 13.84 13.94 14.04 14.14 14.24 14.34 14.44 14.54
15 14.64 14.74 14.84 14.94 15.04 15.14 15.24 15.34 15.44 15.54
16 15.64 15.74 15.83 15.93 16.03 16.13 16.23 16.33 16.43 16.53
17 16.63 16.73 16.83 16.93 17.03 17.13 17.23 17.33 17.43 17.53
18 17.63 17.73 17.83 17.93 18.03 18.13 18.23 18.33 18.43 18.53
19 18.63 18.73 18.83 18.93 19.03 19.13 19.23 19.33 19.43 19.53
20 19.63 19.73 19.83 19.93 20.03 20.13 20.23 20.33 20.43 20.53
NOTE: Runoff value determined by equation 0 = IP-0.2 5)2
P + 0.8 S
REFERENCE: 5 Code Colorado Regulations 1002-19, 1994
9A-1
Supp.2
9 Conoty PL gfiirtg DenT
I . 000
A
Weld County Referral
September 11, 2000
C.
COLORADO
The Weld County Department of Planning Services has received the following item for review:
Applicant Richard and Phyllis Podtburg Case Number JSF�-fi � � N Sic- /14N
Please Reply By October 3, 2000 Planner Julie Chester
Project 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 for 3000 head of cattle.
Legal W2/SE4 of Section 19, Township 6 North, Range 66 West of the 6th P.M., Weld
County, Colorado.
Location North of and adjacent to WCR 66, west of and adjacent to WCR 25 3/4.
Parcel Number 0805 19 000005 •
The application is submitted to you for review and recommendation. Any comments or recommendation
you consider relevant to this request would be appreciated. Please reply by the above listed date so that
we may give full consideration to your recommendation. Any response not received before or on this date
may be deemed to be a positive response to the Department of Planning Services. If you have any further
questions regarding the application, please call the Planner associated with the request.
Weld County Planning Commission Hearing (if applicable) November 21, 2000
We have reviewed the request and find that it does/does not comply with our Comprehensive Plan
❑ We have reviewed the request and find no conflicts with our interests.
St See attached letter.
Comments:
� Date (o— j—d c,
Signature
La
Agency kr// lz!rt ,ev—
:•Weld County Planning Dept. :•1555 N. 17th Ave. Greeley, CO. 80631 "(970)353-6100 ext.3540 (970)304- EXHIBIT
I3
Colo&tc0
University
Cooperative Extension
Colorado State University
Weld County Extension Office
425 North 15th Avenue
Exhibition Building,Island Grove Park
Greeley,Colorado 80631
October 6, 2000 (970)356-4000 Ext.1465
FAX: (970)351-0415
Julie Chester, Planner
Weld County Planning Department
1555 N 17th Avenue
Greeley, CO 80631
Dear Julie,
I have received and reviewed the Richard and Phyllis Podtburg Site Specific Development Plan
and Use by Special Review Permit application, Case Number AmUSR-1144, for a 3000 head
dairy north of Bracewell. In addition, a site inspection was made to discuss plans with the owner,
view the site and surrounding properties.
The facility at its current size already requires that it to adhere to the Confined Animal Feeding
Operation (CAFO) Regulations. Continued adherence is required with or without the proposed
expansion. The plan calls for up to 25 employees, which is well within industry standards for a
dairy of this size.
Weld County Extension has no objection to this proposal. If there arc any questions, please do
not hesitate to contact me.
Sincerely,
lete' elA )47
Keith R. Maxey
Extension Agent (Dairy/Youth)
EXHIBIT
3
Colorado State University,U.S.Department of Agricultnre and Weld County cooperating.
Cooperative Extension programs are available to all without discrimination.
'HA \L, Dobl .�_
Town of Windsor
301 Walnut Street • Windsor, Colorado 80550 • 570-G85-7476 • Fox: 570-686 7160
C•LI
October 6, 2000
Julie Chester, Weld County Lead Planner
Weld County Dept. of Planning Services
1555 N. 17"' Avenue
Greeley, Colorado 80631
Subject: AmUSR-1144/Richard and Phyllis Podtburg
Dear Ms. Chester:
The Town of Windsor Planning Commission reviewed this request at its regular
meeting of October 5, 2000.
The subject property is located outside the Town's Growth Management Area, but
within the Community Influence Area. The subject property is depicted as
Community Separator on the Town's Land Use Plan map. The Windsor
Comprehensive Plan states that the Community Separator land use depiction
provides for areas of open space and open lands which generally have little or no
development, with the exception of agricultural activities. The only structures
proposed with this application include livestock pens, fences, feedbunks and
stormwater containment structures. Therefore, this agricultural activity appears to
be consistent with the Town's Land Use Plan map.
Therefore, the Town of Windsor Planning Commission recommends approval of the
request to the Weld County Department of Planning Services.
Thank you for the opportunity to review this proposal.
Sincerely,
Scott Ballstadt
Senior Planner
pc: Robert G. Frank, Chairman, Windsor Planning Commission
Joseph P. Plummer, AICP, Planning Director
Richard and Phyllis Podtburg, applicant
Thomas Haren, AgPro Environmental Services, LLC EXHIBIT
applicant's representative
Kit- It (‘--- :-.) Weld County Referral
September 11, 2000
iggipc
COLORADO
The Weld County Department of Planning Services has received the following item for review:
•
Applicant Richard and Phyllis Podtburg Case Number U.Sf(1294
Please Reply By October 3, 2000 Planner Julie Chester
Project 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 for 3000 head of cattle.
Legal W2/SE4 of Section 19, Township 6 North, Range 66 West of the 6th P.M., Weld
County, Colorado.
Location North of and adjacent to WCR 66, west of and adjacent to WCR 25 3/4.
Parcel Number 0805 19 000005
Y
The application is submitted to you for review and recommendation. Any comments or recommendation
you consider relevant to this request would be appreciated. Please reply by the above listed date so that
we may give full consideration to your recommendation. Any response not received before or on this date
may be deemed to be a positive response to the Department of Planning Services. If you have any further
questions regarding the application, please call the Planner associated with the request.
Weld County Planning Commission Hearing (if applicable) November 21, 2000
J We have reviewed the request and find that it does/does not comply with our Comprehensive Plan
13
,,have reviewed the request and find no conflicts with our interests.
❑; See attached letter.
Comments:
Signaturel(' Date /0.- (j'-(y
/} > -� -
Agency -� ti N.1aq>(�� f.2 4,L1
Weld County Planning Dept. +1555 N. 1Rh Ave. Gre ey, CO. 80631 4(970)353-6100 ext.3540 +(970)304-6, EXHIBIT
89 IL/
Kit (11 DEPARTMENT OF BUILDING INSPECTION
1555 N. 17TH AVENUE
GREELEY, COLORADO 80631
PHONE (970) 353-6100, EXT.3540
FAX (970) 304-6498
111D e
COLORADO
October 09, 2000
Richard and Phyllis Potberg
USR-1294
1. Proper building permits shall be obtained prior to any construction, demolition, or excavation.
Part of the permit application process includes a complete plan review. (Buildings may be exempt
from building permits-permits are always required for utilities. Check with Weld County Building
Department before any construction is started.)
2. Electrical permits shall be obtained for site lighting, pumps, or other equipment located on the
dairy.
3. Electrical work shall conform to the 1999 National Electrical Code (NEC). All wiring in damp
areas, such as where livestock is present, shall be suitable for that location.
4. Complete drawings shall be submitted to the appropriate Fire District for review.
5. 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.
Sine, rely,
' j;
Dave ragye c.
Building Official
Service,Teamwork, Integrity,Quality
RECEIVED
SEP 13 2000
WELD COUNT Y
PUBLIC;WORKS DkP-.a
Weld County Referral
iSeptember 11, 2000
COLORADO
The Weld County Department of Planning Services has received the following item for review:
Applicant Richard and Phyllis Podtburg Case Number USR-1294
Please Reply By October 3, 2000 Planner Julie Chester
Project 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 for 3000 head of cattle.
Legal W2/SE4 of Section 19, Township 6 North, Range 66 West of the 6th P.M., Weld •
County, Colorado.
Location North of and adjacent to WCR 66, west of and adjacent to WCR 25 3/4.
Parcel Number 0805 19 000005
The application is submitted to you for review and recommendation. Any comments or recommendation
you consider relevant to this request would be appreciated. Please reply by the above listed date so that
we may give full consideration to your recommendation. Any response not received before or on this date
may be deemed to be a positive response to the Department of Planning Services. If you have any further
questions regarding the application, please call the Planner associated with the request.
Weld County Planning Commission Hearing (if applicable) November 21, 2000
❑ We have reviewed the request and find that it does/does not comply with our Comprehensive Plan
U We have reviewed the request and find no conflicts with our interests.
MSee attached letter.
Comments.-
Signature iO+� Date
4 y � jC S - c; c,
Agency I ttW'lµ l j .,w.lit ,�
•}Weld County Planning Dept. •:•1555 N. 17th Ave. Greeley, CO. 80631 +(970)353-6100 ext.3540 :-(970)304-5
EXHIBIT
b
B /7f
•
'L,mThi ,
41i MEMORANDUM ,eo
k .
TO: Julie Chester, Lead Planner OA I :`9cthb'6r 5, 2000'
OFROM: Donald Carroll, Engineering Administrator :u G
• SUBJECT: AmUSR-1144, Richard and Phyllis Podtburg
COLORADO
The Weld County Public Works Department has reviewed this proposal. This project falls under the purview of the Weld
County Use by Special Review Standards. Our comments and requirements are as follows:
COMMENTS:
WCR 66 is designed on the Windsor Study Area Capital Improvement Needs as a local gravel road,which requires a 60-foot
right-of-way at full build out. There is presently a 60-foot right-of-way. This road is maintained by Weld County.
Pursuant to the definition of set backs in the Weld County Zoning Ordinance (Ordinance 89 as amended), the required set
back is measured from the future right-of-way line.
Referring to the average daily traffic count (ADT), this portion of WCR 66 has a current ADT count of 97 vehicles per day
taken August 8, 1996. The nearest paved road is WCR 25.75, which borders on the east of the facility. WCR 25.75, at this
'ocation, has an ADT of 622 vehicles taken April 20, 1999. On WCR 66, the distance from the main entrance point to WCR
25.75 is approximately 850 feet.
Storm Water Run-off: The Weld County Health Department will address any storm water run-off that may occur on this
site relating to the operation.The entire site appears to drain to the southeast corner of the intersection of WCR 66 and WCR
25.75. There is no cross culvert to drain from this location. This indicates that all of the storm water ponds would be
retaining pond, and there will be no discharge from this facility.
REQUIREMENTS:
Set Backs and Right-of-Way: WCR 25.75 is designated on the Weld County Transportation Plan Map as an arterial status
road requiring a 100-foot right-of-way at full build out. There is presently a 60-foot right-of-way. The applicant shall reserve
an additional 20-foot right-of-way adjacent to WCR 25.75 to accommodate future build out. Any set backs are based off of
future right-of-way requirements.
Access Point: The applicant is indicating that there will be one main access point to the facility, which will be located on
WCR 66. This access point exists with an adequate sight distance in both directions. The applicant needs to make sure
that the new retention pond is constructed and situated so that it does not create a sight distance problem to the west of the
intersection for oncoming and stopping traffic at the intersection of WCR 66 and WCR 25.75.
There are two existing agricultural accesses from WCR 25.75 that accommodate concrete irrigation boxes and drainage
patterns for irrigating. These accesses have cross-culverts with an adequate sight distance in both directions,and they may
remain as agricultural accesses only.
Dust Abatement: With the expansion of the feed hauling and seasonal manure hauling to the existing 97 vehicles per day,
we expect the traffic to be + or- 150 vehicles per day. If the additional traffic generated by the dairy exceeds 200 vehicles
per day on WCR 66, we recommend that the applicant is responsible for dust abatement in front of the facility from the
entrance to WCR 25.75.
pc: AmUSR-1144 EXHIBIT
Dlanl lusr.wpd n
9 `I (
‘; Weld County Referral
September 11, 2000
C.
COLORADO
The Weld County Department of Planning Services has received the following item for review:
Applicant Richard and Phyllis Podtburg Case Number USR-1294
Please Reply By October 3, 2000 Planner Julie Chester
Project 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 for 3000 head of cattle.
Legal W2/SE4 of Section 19, Township 6 North, Range 66 West of the 6th P.M., Weld
County, Colorado.
Location North of and adjacent to WCR 66, west of and adjacent to WCR 25 3/4.
•
Parcel Number 0805 19 000005
The application is submitted to you for review and recommendation. Any comments or recommendation
you consider relevant to this request would be appreciated. Please reply by the above listed date so that
we may give full consideration to your recommendation. Any response not received before or on this date
may be deemed to be a positive response to the Department of Planning Services. If you have any further
questions regarding the application, please call the Planner associated with the request.
Weld County Planning Commission Hearing (if applicable) November 21, 2000
❑ We have reviewed the request and find that it does/does not comply with our Comprehensive Plan
j-We have reviewed the request and find no conflicts with our interests.
YSee attached letter.
Comments:
s
Signature 7f- 7 . Date ck:/ems
/ •
y /
Agency /,v ,> ffc. ti
:weld County Planning Dept. +1555 N. 17th Ave. Greeley, CO. 80631 •i(970)353-6100 ext.3540 6-(970)30
EXHIBIT
9 1
/
Windsor-Severance
Fire Protection District
Weld County Planning Dept. September 25, 2000
1555 N 17th AVE.
Greeley, Co
80631
Attn: Julie Chester
Re: Podtburg
I. IF there are going to be new buildings on this site the Windsor-Severance Firc
Protection District will need to sec these.
2. The Fire District reserves the right to comment further on this development.
If you have any questions, please call me at 686-9596.
Cordially,
Mike L Davis
Fire Prevention Technician
ph 970.686.9596 • fx 970.686.9623 e`' 728 Main Street a Windsor,Colorado 80550
STATE OF COLORADO
OFFICE OF THE STATE ENGINEER -co--
Division of Water Resources
Department of Natural Resources Weld
CoEmty Planning Dept, ,I
3 or Str et, tS 18 t an��
Denver,Colorado 80203 �"�s
Phone:(3031 866-3581 2000 --
,;C _
rAX:(303)866 )589 `r� 20 Bill Owens
Governor
hitonAvater.stale.co.us/default.htm R E E 1 V F. D Greg E Wal<hrr
�, Executive Director
September 18, 2000 Hal 0.Simpson. E'H
stale Engineer
Ms. Julie Chester
Weld County Planning Dept.
1 555 N. 17'5 Ave.
Greeley, CO 80631
Re: Case Number USR-1294
Richard & Phyllis Podtburg
Section 19, T6N, R66W, 6th PM
Water Division 1, Water District 3
Dear Ms. Chester:
Pursuant to the State Engineer's August 7, 1995 memorandum to county planning
directors (copy enclosed for your information), this office is no longer providing comments on
land use actions that do not involve a subdivision as defined in Section 30-28-101 (10)(a),
C.R.S. This referral does not appear to qualify as a "subdivision." Returned herewith are the
materials submitted to this office in the above referenced matter.
If you have any questions in this matter, please contact this office at 303/866-3581 .
Sincerely,
LLCPKJ(fi
William C. McIntyre
Water Resource Engineer
Enclosures
cc: Richard Stenzel, Division Engineer
WCM:USR1 294WeldCortn.doc
EXHIBIT
/ °/
'-')TAT1 CF COLORADO
OFFICE OF THE STATE ENGINEER
Division of Water Resources '- \T°ti
Department of Natural Resources
1313 Sherman Street,Room 818 /s7b'•
Denver,Colorado 80203
Phone 1303)866-3581 Roy Rome:
FAX(303)866-3589 Governor
Lames S.LOChhrad
ErCft::we J:trCn-
Au�*ust 7, 1995
- I G.S.mpson
S:a:e:nemeer
MEMORANDUM n
1
TO: ALL COYTN'IY LAND USE PL.4NNLvG DIRECTOR t'n FROM: HAL D. SIMPSON, STATE ENGINEER I Pk
SUBJECT: STATE ENGINEER'S COMMENTS ON PROPOSED WATER SUPPLIES
FOR LAND USE ACTIONS THAT DO NOT I VOLVE TEE
SUBDIVISION OF LAND AS DEFINED IN SECTION 30-28-101(10)(a),
C.R.S.
This memorandum is to inform you of procedural changes in providing "an opinion regarding
material injury likely to occur to decreed water rights by virtue of diversion of water
necessary or proposed to be used to supply the proposed subdivision and the adequacy of the
proposed water supply to meet requirements of the proposed subdivision", as required under
section 30-28-136(h)(I), C.R.S. (1986 Repl, Vol.).
In June of 1992, HB92-1156, required that recommendations be made within 21 clays after
the mailing by the county. No additional staff was allocated to implement this accelerated
review. I find that with the increased development activity in the state, my staff cannot
respond in a timely manner to all of the land use referrals we receive.
Therefore, in order to allow our timely comments on all SUBDIVISION OF LAND referrals
as mandated by section 30-28-136(h)(I) C.R.S., effective AUGUST 31, 1995, THIS
OFFICE WILL NO LONGER RESPOND TO LAND USE ACTIONS THAT DO NOT
INVOLVE THE SUBDIVISION OF LAND AS DEFINED b SECTION are i
30 to 101-
(10)(a) C.R.S. (1986 REPL. VOL.). These actions
ot line
adjustments, zone change requests, special use of land, and division by exemption. After
August 31, 1995, we will not respond to or maintain records on any referral we receive that
does not address the subdivision of land as defined in section 30-28-101(10)(a) C.R.S.
Enclosed is a "Water Supply Information Summary" form which as of August 31, 1995 we
will require to be submitted along with each subdivision referral in order for us to be able to
respond in a timely manner. I ask that you provide copies of this form to all future
subdivision applicants along with your application package. The data required for this
Page 2
County I and Use Planning Directors
•
August 7, 1995
summary should be provided by the applicant from their water supply report as required
under section 30-28-133(d)(1),(11),(II7),and (IV) C.R.S. (1986 Repl. Vol.). We will base
future reviews on the information provided on the summary form.
Your planning staff may refer to the attached guidelines to assist them in preliminarily
determining whether a well permit might be available. County planners and reviewers
should keep in mind that the issuing of a well permit does not assure that an adequate well
can be developed on the parcel. Also, well test and pump tests conducted in conjunction
with well construction are not always reliable indicators of long term ground water
production rates. The long term adequacy of any ground water source may be subject to
fluctuation due to hydrologic and climatic conditions.
Please inform your planning staff of our procedural changes and the guidelines related to the
issuing of well permits. I regret having to make these changes but our resources are
extremely limited due to growth related work load increases, so we can only provide services
required by statutes.
xc: Jim Lochhead, Executive Director, DNR
August 7, 1995
GUIDELINES FOR DETERMINING EXEMPT WELL PERMIT AVAILABILITY
These guidelines may be used by your staff to make a preliminary determination of the
availability of a well permit for parcels addressed in land use actions which do not involve a
subdivision of land and which rely on a well as the water supply. A well permit of the type
described below can usually be issued,.under under the current statutes, when the land involved
meets the following parcel definition and the well meets the water use and return flow
conditions stated below.
TYPES OF EXEMPT WELL PERMITS THAT MAY BE AVAILABLE
Household use well - Used for ordinary household purposes inside one single family
dwelling. NO OUTSIDE USES ARE ALLOWED. Specifically, irrigation of lawn or
gardens or the watering of domestic animals or any other outside uses are NOT allowed.
Domestic type use - Used for ordinary household purposes, fire protection, the watering of
poultry, domestic animals and livestock on farms and ranches and for the irrigation of not
over one acre of home gardens and lawns but not used for more than three single family
dwellings.
Limited Exempt Commercial Use - Used for drinking_and sanitary purposes inside an
individual commercial business (Emphasis Added). No watering of lawns or landscaping or
any other outside uses are allowed. Annual diversion is limited to 1/3 acre foot (106,800
gallons). A continuous recording flow meter is required on this type of well.
Where a well, either registered or unregistered in this office was constructed and put to use
prior to May 8, 1972, and that well serves one or two single family dwellings on an intact
pre 1972 lot, a new well permit that allows the expansion of use to serve one (1) additional
inhouse use may be available. This expansion of use is not dependent on lot size.
PARCELS THAT MAY QUALIFY FOR A WELL PERMIT ISSUED UNDER
SECTION 37-92-602, C.R.S. (1990 & 1994 SUPP.) - in over appropriated stream areas.
(Includes all of the east slope and most of the west slope)
I. Any tract of land less than 35 acres in size, which was recorded with the county prior to
June 1, 1972, where the original tract is to be split into two lots by exemption, may be
eligible for a household use or a limited use exempt commercial well permit.
2. Any tract of land comprising 35 acres or more, may be eligible for a limited use exempt
commercial well permit or domestic type use well permit.
3. Any tract of land created by an exemption to the subdivision laws by the county
commissioners after June 1, 1972, where a water supply from a well is needed, may be
eligible for a household use well permit or an exempt commercial well permit, if the
proposed use meets the definitions for these types of wells as described above.
Special Land Use or Zoning Changes will normally result in a change in use for ex..istinC
wells that were originally permitted for household u e only or domestic uses. I th Coun:v
d::terrnir,es that ,lie new land use does not rnee: til !AseF allowed for Simie far=.i;y . iai..
Exempt well permit availability guideline
August 7, 1995
Page 2
then the Division of Water Resources may also consider the action as requiring either an
exempt commercial or a non exempt commercial use type of well permit that would require
that a Water Court decreed plan for augmentation may be required before a well permit can
be issued.
WELL USE AND RETURN FLOW REQUIREfYLENTS FOR WELL PERMITS
A_ The requested use is exempted under section 37-92-602(1) C.R.S (1990 & 1994 Supp.)-
B. The amount of water required by the applicant does not exceed the amount allowed under
the permit. Note; new exempt commercial wells are limited to annual diversion of 1/3 acre
foot of water(106,800 gallons).
C. The requested flow rate does not exceed 15 gallons per minute.
D. There must be no existing wells on the property operating under an exempted well
permit.
E. The return flow from the well is to the same stream system as the well is located in.
This is usually accomplished with the on lot waste water disposal system, or the contents of a
vault being hauled to a treatment facility in the same drainage basin.
F. The waste water treatment system must be of the non-evaporative type.
It also should be noted that section 37-92-602(6) C.R.S. (1990), states that, " the exemptions
set forth in this section are intended to allow citizens to obtain a water supply in less densely
populated areas for inhouse and domestic animal use where other water supplies are not
available. (emphasis added).
WATER SUPPLY INFORMATION SUMMARY
. Section 30-28-133.(d), C.R.S. requires that the applicant submit to the County,'Adequate evidence that a water supply that
is sufficient in terms of quantity, quality and dependability will be available to ensure an adequate supply of water.
1. NAME OF DEVELOPMENT AS PROPOSED
2. LAND USE ACTION
3. NAME OF EXISTING PARCEL AS RECORDED
SUBDIVISION FILING BLOCK LOT .
4. TOTAL ACREAGE 5. NUMBER OF LOTS PROPOSED PLAT MAP ENCLOSED O YES
6. PARCEL HISTORY - Please attach copies of deeds. plats or other evidence or documentation.
A. Was parcel recorded with county prior to June 1, 1972? O YES O NO
B. Has the parcel ever been part of a division of land action since June 1, 1972? O YES 0 NO
If yes, describe the previous action
7. LOCATION OF PARCEL • Include a map deliniating the proiect area and tie to a section corner.
114 OF 114 SECTION TOWNSHIP 0 N O S RANGE E 0 W
••
PRINCIPAL MERIDIAN: O 6TH O N.M. 0 UTE O COSTILLA
•
8. PLAT - Location of all wells on property must be plotted and permit numbers provided.
Surveyors plat O Yes O No If not, scaled hand drawn sketch 0 Yes O Na
T I
9. ESTIMATED WATER REQUIREMENTS - Gallons per Day or Acre Feet per Year 10. WATER SUPPLY SOURCE
❑ EXISTING O DEVELOPED O NEW WELLS
WELLS SPRING PROPOSED AQUIFERS•'CHECK ONO
HOUSEHOLD USE k of units GPO AF WELL PERMIT NUMBERS L ALLUVIAL C UPPER ARAPAHOS
C UPPER DAWSON 0 LOWER ARAPAHOE
C LOWER DAWSON C LARAMIE FOX HILLS
COMMERCIAL USE # of S.F. GPO AF C DENVER =DAKOTA
C OTHER
IRRIGATION # of acres �!T GPO AF
:
STOCK WATERING # of head _ GPO AF O MUNICIPAL `
• ASSOCIATION WATER COURT DECREE CASE NO.'S
OTHER _ GPO AF O COMPANY I
O DISTRICT j
TOTAL GPO AF NAME
LETTER OF COMMITMENT FOR I!
SERVICE O YES ❑ NO f
11. ENGINEER'S WATER SUPPLY REPORT O YES O NO IF YES, PLEASE FORWARD WITH THIS FORM. (rnit may be required before our review b samo:rlee
i
12. TYPE OF SEWAGE DISPOSAL SYSTEM _ 1
O SEPTIC TANKILEACH FIELD O CENTRAL SYSTEM • DISTRICT NAME
•
• LAGOON O VAULT • LOCATION SEWAGE HAULED TO _____ —•— -_
lI ENGINEERED SYSTEM IR:tree a :.nv of t:ng,aen::nr crtr,yrc OTHER _ --- ------------ —
r P '
Weld County Referral
l� '`�
September 11, 2000
C.
COLORADO
The Weld County Department of Planning Services has received the following item for review:
Applicant Richard and Phyllis Podtburg Case Number USR-1294
Please Reply By October 3, 2000 Planner Julie Chester
Project 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 for 3000 head of cattle.
Legal W2/SE4 of Section 19, Township 6 North, Range 66 West of the 6th P.M., Weld
County, Colorado.
Location North of and adjacent to WCR 66, west of and adjacent to WCR 25 3/4.
Parcel Number 0805 19 000005
The application is submitted to you for review and recommendation. Any comments or recommendation
you consider relevant to this request would be appreciated. Please reply by the above listed date so that
we may give full consideration to your recommendation. Any response not received before or on this date
may be deemed to be a positive response to the Department of Planning Services. If you have any further
questions regarding the application, please call the Planner associated with the request.
Weld County Planning Commission Hearing (if applicable) November 21, 2000
ID We have reviewed the request and find that it does/does not comply with our Comprehensive Plan
)31. We have reviewed the request and find no conflicts with our interests.
U See attached letter.
Comments: I
L1C u r _. j' pro' ,1 f7 } .1'1 I { M' ? o l C.9 C11 Y7 twi t ,(-rt, {':f t /
R/t Lift tt { { Li.Lt' L'7;, , -if fr! t?!'.'r( wll f`k i' v Leh L., - •
Signature ' ?
LLY fill CA) Date , K ('`7',
Agency t
9 Y L� �`�YY1t'?�f� ' 4''f itr, F
•: pWeld County Planning Dept. cx155 N. 17th A e Greeley, CO. 80631 •(970)353-6100 ext.3540 •3(970)
EXHIBIT
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