HomeMy WebLinkAbout20010471 HEARING CERTIFICATION
DOCKET NO. 2001-08a
RE: SITE SPECIFIC DEVELOPMENT PLAN AND AMENDED USE BY SPECIAL REVIEW
PERMIT #820 FOR REDESIGN AND EXPANSION OF AN AGRICULTURAL SERVICE
ESTABLISHMENT AND LIVESTOCK CONFINEMENT OPERATION(3,600-HEAD DAIRY)
IN THE A (AGRICULTURAL) ZONE DISTRICT - KERBS DAIRY/FIRST COMMERCIAL
BANK
A public hearing was conducted on March 28, 2001, at 10:00 a.m., with the following present:
Commissioner M. J. Geile, Chair
Commissioner Glenn Vaad, Pro-Tem
Commissioner William Jerke
Commissioner David Long - EXCUSED
Commissioner Robert Masden
Also present:
Acting Clerk to the Board, Esther Gesick
Assistant County Attorney, Lee Morrison
Planning Department representative, Julie Chester
Health Department representative, Trevor Jiricek
Public Works representative, Don Carroll
The following business was transacted:
I hereby certify that pursuant to a notice dated January 26, 2001, and duly published January 31,
2001, in the Tri-Town Farmer and Miner, a public hearing was conducted on February 14, 2001,
to consider the request of Kerbs Dairy/First Commercial Bank for a Site Specific Development Plan
and Use by Special Review Permit#820 for the Redesign and Expansion of an Agricultural Service
Establishment and Livestock Confinement Operation(5,000-head dairy)in the A(Agricultural)Zone
District. At said hearing the Board deemed it advisable to continue said matter to March 28, 2001,
at 10:00 a.m.,at the request of the applicants due to scheduling conflicts. Lee Morrison,Assistant
County Attorney, made this a matter of record. Chair Geile advised the applicants' representative,
Thomas Haren, AgPro Environmental Services, LLC, that he has the option of continuing this
matter to a date when the full board will be present. However, if he decides to proceed today, it
will require three affirmative votes,or in the case of a tie vote, Commissioner Long will listen to the
record and make the determining vote. Mr. Haren indicated he would like to proceed today.
Julie Chester, Department of Planning Services, presented a brief summary of the proposal and
entered the favorable recommendation of the Planning Commission into the record as written. She
gave a brief description of the location of the site, and stated nine referrals offered comments in
favor of the proposal, and four letters of opposition have been received from surrounding property
owners. Ms. Chester reviewed the reasons for approval as indicated in the Administrative Review,
and gave a brief description of the surrounding uses. She submitted a Memorandum, marked
Exhibit I, requesting Condition of Approval#2.O be added. In response to Chair Geile, Don Carroll,
Department of Public Works, stated Weld County Road 55 is classified as a chemical stabilized
gravel road, with approximately 88 vehicles per day. He further stated Road 392 is maintained by
the County,and averages 650 vehicles per day. Mr. Carroll stated the Department of Public Works
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is requesting the additional accesses be closed, and that all traffic use the main access.
Responding to Chair Geile, Trevor Jiricek, Weld County Department of Public Health and
Environment, stated there were Show Cause hearings conducted regarding this facility; however,
those were while the facility was under different ownership. She stated there have been some
complaints regarding odors, manure runoff, and land application in excess of the CAFO Control
Regulations since the applicants have owned the facility. He stated the complaints were received
in December 2000, and ceased by the end of February. Mr. Jiricek stated the prior operators
applied excessive amounts of manure on the land which has resulted in high nitrate levels, and
added the existing ponds will be filled in after the new pond is completed. He further stated the
measurement to groundwater level is not required by the CAFO Control Regulations; however,the
new lagoons are appropriately constructed and lined and the existing lagoons will be phased out.
Responding further to Chair Geile, Mr. Jiricek stated there is a pond on the up-gradient side of the
property, but it has not been a problem, and Ms. Chester added there is an existing building code
violation on the mobile home because the applicants have not called for final inspections. She
explained there was a delay while the applicants were waiting to receive a septic permit; however,
that issue has been resolved so the applicants simply need to call for an inspection. Ms. Chester
stated the Department of Planning Services is not requiring landscaping, but the applicants are
proposing a landscaped berm around the new holding pond to buffer the concerns of the neighbor
which lives south of the facility. She stated the applicants are currently constructing the new pond
and the berm is in place. In response to Commissioner Vaad, Ms. Chester stated there was a pipe
which was not connected to the septic system; however, that matter has been corrected and the
septic permit has been finalized and approved.
Thomas Haren,AgPro Environmental Services,LLC,represented the applicants and stated the site
is permitted for 2,500 head; however,due to violations the site was foreclosed on and has not been
in operation for two years. Mr. Haren stated he advised the applicants to revise the existing permit
because the site was not designed as shown on the plans, and added the septic issues have been
addressed. He further stated they are not requesting any more mobile homes than what is already
allowed, and he reviewed the groundwater findings from the construction of a lined lagoon. Mr.
Haren stated the current owner has applied manure and wastewater to the land assuming the
previous operator had been following normal land application practices; however, he ceased
application following soil testing which indicated high amounts of nitrates. He stated the applicants
are requesting the application be amended to request 3,600 head rather than 5,000,which will also
reduce the eastern side of the facility, allow for an increased storage capacity, and increase the
area available for land application. He further stated the applicants have already applied new
gravel and grading, removed a significant amount of trash,and has completed a supplement to the
Manure and Wastewater Management Plan to reflect the proposed changes, marked Exhibit J.
Mr. Haren explained the site will be classified as a Tier III facility which requires intense monitoring.
In response to Chair Geile, Mr. Morrison stated the reduced impact will not require notification. In
response to Commissioner Vaad, Mr. Haren gave a brief description of the various ponds and the
proposed uses, and stated they are aerobic and designed for storage. Responding to
Commissioner Jerke, Mr. Haren stated the solid manure will be hauled off the site, and added the
northern end of the property drains to the main lagoon. He stated the applicants intent to
implement a double crop system to decrease the amount of nitrogen in the soil, which they
anticipate will correct the problem in approximately three years. In response to Commissioner
Masden, Mr. Haren stated the ponds are clay lined and the liner is 12 to 18 inches thick. In
response to Chair Geile, Mr. Haren stated Mike Dickinson operates DUO Dairy which will lease the
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site for operation of the dairy, and Brad and Tim Kerbs are the owners of the property. (Switched
to Tape #2001-15) He stated the property transaction was completed in December 2000, and
added there is no relationship to the previous owners. Mr. Haren further stated there were manure
runoffs from the site while under the previous ownership because the storage facilities were
inadequate. He stated the property slopes toward the southwest, the pens have been taken down
to bare dirt and reconstructed, there will be new structures for storage to prevent runoff, and a
pivot irrigation system will be used. He further stated the applicants have agreed to help the
Vances build up their new access to create a tailwater pond in the southwest corner, and there will
also be landscaping. In response to Chair Geile, Mr. Haren stated DUO dairy currently operates
in Larimer County and has had no enforcement actions, although they did have to correct some
issues, and are currently being monitored.
Ed Turgeson,surrounding property owner,stated he has attended all of the hearings regarding this
dairy, and he expressed concern applying wastewater to land that is already high in nitrates. He
stated the North Weld Water District serves this site which uses a monthly average of 2,365,000
gallons per month, or 78,000 gallons per day. He stated double cropping is difficult to do in the
area, and stated the soil condition has not improved while sitting vacant. Mr. Turgeson proposed
the permitted amount remain as it is, and be allowed to increase if the soil quality improves. He
submitted the water usage information, marked Exhibit K, and in response to Commissioner Jerke,
Mr. Turgeson stated all of the residences in this area are served by the North Weld Water District.
Fran Leiser, surrounding property owner, stated the new lagoon is very close to her back door and
she expressed concern with who will be responsible for fly control. Responding to Chair Geile, Ms.
Leiser indicated the location of her home which is on the west side of Weld County Road 55 in
Section 16. In response to Commissioner Jerke, Ms. Leiser estimated the closest pond to be
approximately 50 feet from the eastern edge of the County road.
Dale Dilka,surrounding property owner,stated he submitted a letter,marked Exhibit 21,expressing
his concerns. He stated there were problems with the septic system on the site while under the
current ownership; however, those issues were corrected once enforcement actions were taken.
He stated there have been dogs running at large,and added the applicant should not have applied
manure during the winter to already saturated soil. Mr. Dilka stated he would prefer to be a
neighbor, not the County's watchdog, and he expressed concern with the previous problems
recurring under the new ownership. He stated the odors, dust, flies, and other insects are likely
to increase during the summer season, and added this proposal appears to be more of an
industrial/commercial production rather than agricultural. Mr. Dilka suggested the expansion be
considered at a later time once the applicant has shown the facility can be operated in compliance
with the current permit requirements. In response to Commissioner Vaad, Mr. Dilka stated the
prevailing winds are from the east during the spring and he anticipates the conditions will worsen
during the dry summer season. Responding to Commissioner Jerke, Mr. Dilka stated the applicant
has moved dirt for the new ponds and removed weeds and trash; however,they have not removed
the old mobile homes, the proposed landscaping and trees may not be sufficient to hide the site,
and they have replaced the manure piles with silage and hay stacks. Responding to Commissioner
Vaad,Mr. Dilka indicated the existing improvements should be tested before the number of animals
is increased.
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Cyndy Vance, surrounding property owner, submitted the photographs marked Exhibits L and M.
Ms. Vance stated there were times in the past that runoff crossed her property, which the current
owners are not responsible for; however, they are responsible for the most recent violations
concerning the septic system and land application. She stated she is not opposed to the dairy if
the operator can remain in compliance with County and State requirements. Ms. Vance
recommended the facility be limited to 2,500 animal units and be allowed to expand only after they
have remained in compliance for five years. In response to Commissioner Masden, Ms. Vance
stated the photographs she submitted were taken on various dates of prior and current operations.
Responding to Commissioner Jerke, Ms. Vance stated she has been in contact with the applicant
regarding the construction of the new raised access road to her property. She stated they have
trenched around her property so any runoff will not cross her property, and added she has
purchased trees to hide the trenched area. Chair Geile read a letter for the record from Kent
Vance, marked Exhibit 23, requesting various additional Conditions be considered if this request
is approved.
Mable Leaser, surrounding property owner, expressed concern with the negative visual effects
caused by the new berm for the lagoon, and explained the water pressure in the area may get
worse if the number of animals is increased. There being no further comments, Chair Geile closed
public testimony.
Mr. Haren stated the site was not designed as indicated in the original application, so an
amendment is required to correct the existing situation. He stated that based on the history of the
site, the applicants needed to show good faith by making significant improvements. He reviewed
the various improvements made to date, and explained that due to the soil type on the site, the
weeds that had grown on the property did not make a significant impact on the amount of nitrates
in the soil. Mr. Haren explained the overall water consumption for the site, including residential
uses, averages 60 gallons per head; however, the dairy cows actual intake is approximately 30
gallons per day. He stated the animals use almost half of the water delivered to the site, and
added the applicants pay the North Weld Water District for any necessary improvements to the
piping system, in addition to tap fees and upgrades, which costs approximately $250.00 per day
for water. Mr. Haren stated the North Weld Water District has indicated there is an adequate
supply of water. He further stated the lagoons are designed to hold the water generated by the
site, as well as stormwater. He stated fly and pest control is addressed in the application materials,
and added these issues must be addressed for the welfare of the animals as well. In response to
Commissioner Vaad, Mr. Haren gave a brief explanation of double cropping and the types of crops
which will be used. He stated they will conduct tests throughout the season and adjust the plan
as necessary to maximize the yield to reduce nitrates. Responding further to Commissioner Vaad,
Mr. Haren stated when the amount of animals is increased,the water does not necessarily increase
proportionally. He stated they would like to have 2,000 animals by next spring and expand to 3,600
within the next three years. He explained the increases will be tied to how effective the land
application and double cropping system are. He further stated it is permissible to apply water to
frozen ground; however, no further runoff will be allowed,and he added the new structures are also
designed for winter storage. Responding further to Commissioner Vaad, Mr. Haren reiterated the
site will not likely reach the maximum number of animal units for three years, and added the dairy
parlor is only designed to handle 1,800 cows per day. He stated the requested amount will allow
the maximum amount the site can handle without requiring any further amendments, and added
the applicants are willing to consider constructing the pens and facilities in phases. In response
to Commissioner Jerke, Mr. Haren stated the applicants do not intend to add any more mobile
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homes;currently there is a mobile home and one modular. He further stated there is approximately
50 feet of separation between Weld County Road 55 and the closest lagoon, and added the
applicants will be required to either buy water and turn it over to the District, or pay for it directly.
Mike Dickinson, lessee, explained the previous owner installed an eight-inch water line,which has
a four-inch line extension to serve the dairy. In response to Commissioner Masden, Mr. Haren
stated the buildings, ponds, and grounds will be treated for pest control, the site and lagoon
designs help to eliminate odors, and the pens are kept clean and dry for dairy cows. He further
stated the applicants are willing to water or use chemicals on the roads to control dust.
Chair Geile called a five minute recess. (Switched to Tape #2001-16.) Upon reconvening, Mr.
Haren informed Commissioner Jerke that they anticipate it will take about three years to correct
the nitrate level in the soils. He further stated research conducted at CSU shows that if nitrogen
is already present in the soil, the plants do not take if from the atmosphere. Responding to
Commissioner Jerke, Mr.Jiricek stated Condition of Approval#2.B requires the applicant to provide
a plan, which will now need to be revised to show the reduced proposal, and added the operator
is also required to contract with a business to remove manure from the site. Mr. Jiricek stated
during the recess, he discussed language for a Condition of Approval with Commissioner Jerke
which will be discussed when the Board is ready to make a motion. Responding to Commissioner
Vaad, Mr. Haren stated he would like to limit growth to 2,500 in the first year and expand to
capacity after that. In response to Commissioner Masden, Mr. Haren stated growth of the facility
will be dependent upon the economy; however, they would like to reach capacity as soon as
possible to help cover the investments already made.
Ms. Chester suggested Condition of Approval#2.N.2 be added to state, "Identify Phases 1, 2, and
3, and all other approved changes," as well as insert a new Development Standard #20 to state,
"Phases 1 and 2 shall not exceed the current permitted number of cattle (2,500 head)for the first
year of operation from date of approval of this permit. Phase 3, including the total number of cattle
to 3,600 head, shall not commence until one year from the date of approval of the permit." Mr.
Morrison stated the language needs to be amended to allow work to proceed in preparation for
Phase 3. Mr. Haren stated the applicants concur with the language proposed by staff. Responding
to Chair Geile, Mr. Haren stated he and the applicant have reviewed and agree with the Conditions
of Approval and Development Standards as proposed and amended.
Commissioner Jerke stated approval of expansion could be contingent upon improving the soils
from a Tier III to a Tier II classification. Mr. Haren stated he understands the concept; however,
the number that determines when they can expand will be difficult to determine. He stated the
applicants would like to stay at 2,500 head for the first year, and if there is a 25 percent
improvement to the soil,they will expand to capacity. Responding further to Commissioner Jerke,
Mr. Haren stated Tier II is determined by site-specific basis,and Mr.Jiricek added that Tier III sites
are those that are applying above agronomic rates. Mr. Morrison added Tier II is more
conservative and requires less testing and yields a lower application rate. Mr. Haren stated Tier
III also requires a plan and approval from the Colorado Department of Public Health and
Environment. Responding to Commissioner Vaad, Mr. Haren stated the amounts in the revised
plan, marked Exhibit J, indicates five years for correcting the soil condition; however, that is a
conservative number and he expects it will be completed sooner. Mr. Jiricek read proposed
language for the record and explained the applicant will be required to remain at 2,500 head until
they return to Tier II. Responding to Commissioner Vaad, Ms. Chester stated Condition of
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Approval #2.N.2 will still apply; however, the language proposed by Mr. Jiricek will replace the
language she proposed for Development Standard #20. Commissioner Vaad commented all
references to 5,000 will need to be amended to 3,600. In response to Commissioner Jerke, Ms.
Chester stated if the application is denied,the applicants must wait for five years before reapplying,
or apply for a Substantial Change.
Commissioner Jerke moved to add Development Standard#20 to state, "The facility shall limit the
number of head of cattle on the property to 2,500 until land application practices have been
returned to Tier II levels as defined by Section 81.5(5) of the CAFO Control Regulations (5CCR
1002-81). The facility shall submit a report for review and approval to both the Weld County
Department of Public Health and Environment and the Colorado Department of Public Health and
Environment that demonstrates the facility has returned to Tier II land application practices.
Evidence of such approval shall be submitted to the Weld County Department of Planning
Services." Commissioner Masden seconded the motion,and upon a call for the motion the motion
carried unanimously.
Commissioner Vaad moved to approve the request of Kerbs Dairy/First Commercial Bank fora Site
Specific Development Plan and Use by Special Review Permit #820 for a Site Specific
Development Plan and Amended Use by Special Review Permit #820 for the Redesign and
Expansion of an Agricultural Service Establishment and Livestock Confinement Operation (3,600-
head dairy) in the A (Agricultural) Zone District, based on the recommendations of the Planning
staff and the Planning Commission, with the Conditions of Approval and Development Standards
as entered into the record. His motion also included that all references to 5,000 be changed to
3,600, and to add Condition of Approval#2.N.2 to state, "Identify Phases 1, 2, and 3, and all other
approved changes." The motion was seconded by Commissioner Jerke. Following clerks
clarification, the Board concurred that the request from Planning Services to add Condition of
Approval #2.O is no longer necessary. Following discussion, the Board deemed it advisable to
hear further testimony from Mr. Haren who stated Tier III is a legal option, and as written, the
Development Standard precludes the applicants from operating under Tier III practices if they so
desire. Mr. Jiricek concurred, the intent is to reduce the amount of nitrogen; however, the
applicants could continue at Tier III and have a correct amount of nitrogen. Commissioners Vaad
and Jerke withdrew their motion to approve the applicant and moved to reconsider the proposed
language for Development Standard#20. Upon a call for the vote,the motion carried unanimously.
Mr. Jiricek suggested Development Standard #20 be amended to add a sentence to the end to
state, "This shall not preclude the facility from operating under any Tier practices." He stated the
soils should be classified as Tier II, but he does not want to limit the options. Mr. Jiricek reviewed
the proposed language for the record. Mr. Morrison suggested the language also indicate the
applicants must get to the point where the land at least qualifies for Tier II even if they continue
operating under Tier III regulations. Chair Geile commented all of this may not be necessary based
on all of the other regulations and plans already in place. Commissioner Jerke commented that
based on the history of this facility, it would be an additional assurance to address the concerns
of the neighbors. Chair Geile commented the revised management plan will address the health,
safety, and welfare of the neighborhood and the County. Commissioner Vaad indicated if the
proposed language is deleted,then it also leads to the deletion of the Condition#2.N.2 for phasing
the development, which he feels is a good condition.
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Commissioner Vaad moved to insert a new Development Standard#20 to state, "The facility shall
limit the number of head of cattle on the property to 2,500 until land application practices have been
qualified to return to Tier II levels as defined by Section 81.5(5)of the CAFO Control Regulations
(5CCR 1002-81). The facility shall submit a report for review and approval to both the Weld County
Department of Public Health and Environment and the Colorado Department of Public Health and
Environment that demonstrates the facility has qualified to return to Tier II land application
practices. This shall not preclude the facility from operating under any Tier practices. Evidence
of such approval shall be submitted to the Weld County Department of Planning Services," and
renumber as appropriate. Commissioner Jerke seconded the motion. Chair Geile commented he
is not opposed to the Tier process; however, he feels the nitrate level has already been adequately
addressed and he does not support the motion. Upon a call for the vote, the motion carried with
Chair Geile opposed.
Commissioner Vaad moved to approve the request of Kerbs Dairy/First Commercial Bank for a Site
Specific Development Plan and Use by Special Review Permit #820 for the Redesign and
Expansion of an Agricultural Service Establishment and Livestock Confinement Operation (3,600-
head dairy) in the A (Agricultural) Zone District, based on the recommendations of the Planning
staff and the Planning Commission, with the Conditions of Approval and Development Standards
as entered into the record. His motion also included that all references to 5,000 be changed to
3,600, and to add Condition of Approval#2.N.2 to state, "Identify Phases 1, 2, and 3, and all other
approved changes." Commissioner Jerke seconded the motion. Chair Geile commented the
Development Standards require manure and waste management,dust,fly,and odor control plans,
which he feels is sufficient, and any violations will be brought before the Board. Upon a call for the
vote, the motion carried unanimously.
This Certification was approved on the 2nd day of April 2001.
APPROVED:
BOARD OF COUNTY COMMISSIONERS
� ����® WELD COUNTY, COLORADO
ATTEST: � f/1;': L�` EXCUSED DATE OF APPROVAL
4, �% M. J. Geile, Ch it
Weld County Clerk to th:7
Glenn Vaa m
BY:
Deputy Clerk to the Boas 7 c✓7^.4_,
William H. Jerke
TAPES #2001-14, #2001-15, and #2001-16 EXCUSED
vi En
DOCKET#2001-08
Robert D. Masden
2001-0471
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EXHIBIT INVENTORY CONTROL SHEET
Case AMUSR#820 - KERBS DAIRY, LLC/FIRST COMMERCIAL BANK
Exhibit Submitted By Exhibit Description
A. Planning Staff Inventory of Item Submitted
B. Planning Commission Resolution of Recommendation
C. Planning Commission Summary of Hearing (Minutes 01/16/2001)
D. Clerk to the Board Notice of Hearing
E. Planning Staff Letter from applicant (01/17/2001)
F. Planning Staff Letter requesting continuance (02/08/2001)
G. Planning Staff Photo of sign posted on site
H. Planning Staff Photo of second sign posted on site
Planning Staff Memorandum requesting additional
Condition of Approval (03/26/2001)
J. Applicant Land Application Plan (03/22/2001)
K. Ed Tergeson North Weld Water Meter Usage History
(03/26/2001)
L. Cindy Vance Photos dated 01/09/2001
M. Cindy Vance Site History and Photos
N.
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P.
Q.
R.
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ATTENDANCE RECORD
HEARINGS ARE AS FOLLOWS ON THIS 28TH DAY OF MARCH, 2001:
DOCKET#2001-08 - KERBS DAIRY/FIRST COMMERCIAL BANK
DOCKET#2001-18 - LESLIE ADAMS/MARY TROSTEL
PLEASE legibly write or print your name and complete address and the DOCKET#
(as listed above) or the name of the applicant of the hearing you are attending.
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