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HomeMy WebLinkAbout20012645 BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS Moved by Bryant Gimlin,with the addition of changes made to Condition of Approval#2 A and B along with the deletion of#4 A and B, that the following resolution be introduced for passage by the Weld County Planning Commission. Be it resolved by the Weld County Planning Commission that the application for: Planner: Julie A. Chester Case Number: USR-1346 Applicant: Western Mobile, Inc. Michael Hart, Representative, Hart Environmental P.O. Box 215001 P.O. Box 1303 Denver, CO 80221 Boulder, CO 80306 Request: A Site Specific Development Plan and a Use by Special Review Permit for an Open Pit Sand and Gravel Mining Operation, including the conveyance of excavated sand and gravel,importation of sand and gravel material, processing and sales in the A(Agricultural) Zone District Legal Description: Parts of Section 20 and 29, T2N, R68W of the 6`" P.M., Weld County, Colorado Location: North and south of and adjacent to Weld County Road 16'%, east of and perpendicular to Weld County Road 3 1/4 be recommended favorably to the Board of County Commissioners for the following reasons: 1. The submitted materials are in compliance with the application requirements of Section 23-2-260 and Division 4, Chapter 23 of the Weld County Code. 2. It is the opinion of the Planning Commission that the applicant has shown compliance with Section 23-2-220 of the Weld County Code as follows: a. Section 23-2-220.A.1 -- The proposed use is consistent with Chapter 22 and any other applicable code provisions or ordinances in effect.Section 22-5-80.B.1 (CM.Goal 2)states, "Promote the reasonable and orderly development of mineral resources." The property is designated as "irrigated, not prime" by the U.S.D.A. Soils Map and is currently in pasture grasses. No prime farmground will be taken out of production with this proposal. b. Section 23-2-220.A.2--The proposed use is consistent with the intent of the A(Agricultural) Zone District. Section 23-3-40.A.3 of the Weld County Code provides for open pit mining and materials processing subject to a Use by Special Review in the A(Agricultural)Zone District. c. Section 23-2-220.A.3--The uses which will be permitted will be compatible with the existing surrounding land uses. There are sand and gravel mining operations to the west and east of this property, permitted by SUP-29, SUP-260, USR-495 and USR-961. There are agricultural uses, oil and gas production, recreational uses and low density residential development, including Continental View Pond PUD and Reflection Bay PUD. These Planned Unit Developments are located to the southwest of the proposed Shaw south parcel,with construction still occurring on both of the subdivisions. The Shaw south parcel will begin mining operations in December 2001, with Reclamation complete by May 1, 2002. The Department of Planning Services'staff is requiring a Landscape/buffering Plan, particularly on the west property line, adjacent to these subdivisions, to mitigate any 4. EXHIBIT 2001-2645 incompatibilities. Due to the short duration of this permit, incompatibilities will be at a minimum. d. Section 23-2-220.A.4 -- The uses which will be permitted will be compatible with future development of the surrounding area as permitted by the existing zoning and with the future development as projected by Chapter 22 of the Weld County Code and any other applicable code provisions or ordinances in effect, or the adopted Master Plans of affected municipalities. The City of Longmont returned their referral on July 3, 2001 and indicated there were no conflicts with their interests. e. Section 23-2-220.A.5 -- The application complies with Section 23-5 of the Weld County Code. Effective December 1, 1999, Building Permits issued on the lot will be required to adhere to the fee structure of the Southwest Weld Road Impact Program,Area 2. Further, the site is located within the 100 year flood plain as shown on F.I.R.M. Community Panel Map #080266-0850C, dated September 28, 1982. Conditions of Approval and Development Standards have been included to ensure the operation will comply with Section 22-5-80.E.2.d.of the Weld County Code and F.E.M.A.flood hazard requirements. f. Section 23-2-220.A.6--The applicant has demonstrated a diligent effort to conserve prime agricultural land in the locational decision for the proposed use. The proposed site is designated "irrigated land, not prime" by the USDA Soil Conservation Services. g. Section 23-2-220.A.7 -- The Design Standards (Section 23-2-240, Weld County Code), Operation Standards(Section 23-2-250,Weld County Code),Conditions of Approval,and Development Standards ensure that there are adequate provisions for the protection of health, safety, and welfare of the inhabitants of the neighborhood and County. This recommendation is based, in part, upon a review of the application materials submitted by the applicant, other relevant information regarding the request, and responses from referral entities. The Planning Commissions recommendation for approval is conditional upon the following: 1. The attached Development Standards for the Special Review Permit shall be adopted and placed on the Special Review Plat prior to recording. The completed plat shall be delivered to the Weld County Department of Planning Services and be ready for recording in the Weld County Clerk and Recorder's Office within 60 days of approval by the Board of County Commissioners. (Department of Planning Services) 2. A Minimum of 10 Days Prior to scheduling the Board of County Commissioner's hearing: A. The applicant shall submit, to the Weld County Department of Planning Services, either a copy of an agreement with the property's mineral owners, stipulating that the oil and gas activities have adequately been incorporated into the design of the site or show evidence that an adequate attempt has been made to mitigate the concerns of the mineral owners. (Department of Planning Services) B. The applicant shall submit to the Weld County Department of Planning Services proof of ownership documentation showing the right to extract gravel from the Virginia Shaw property located in the south half of the SW4, NE4 of the SE4 the SW4 of the SE4 of Section 20, Township 2N, Range 68 W of the NE4 of Section 29 3. Prior to recording the plat: A. The applicant shall submit a letter from the United States Department of the Interior, Fish and Wildlife Services indicating if surveys will be required for any threatened or endangered species,including,but not limited to the Ute Ladies-tresses orchid and the Preble's Meadow Jumping Mouse. If a survey is required the survey will be conducted and submitted to the Department of Planning Services.If endangered or threatened species are found at the site, mitigation techniques approved by the United States Department of the Interior, Fish and Wildlife Services shall be submitted to the Department of Planning Services. (Department of Planning Services) B. The applicant shall submit a detailed drawing of the truck crossing location, including distance from the intersection, width of the crossing, the type of crossing (gravel or pavement), and appropriate signage. All items must be reviewed and approved by the Traffic Engineer for the Weld County Department of Public Works. (Department of Public Works) C. The applicant shall submit a copy of an agreement with the Houck Number 2 Ditch Company, stipulating that the ditch activities have adequately been incorporated into the design of the site. (Department of Planning Services) D. Submit an Air Pollution Emission Notice(A.P.E.N.)and Emissions Permit application to the Air Pollution Control Division, Colorado Department of Health and Environment for emissions of criteria,hazardous or odorous air pollutants. (Department of Public Health and Environment) E. Submit a Dust Abatement Plan to the Environmental Health Services, Weld County Department of Public Health and Environment,for approval prior to operation. (Department of Public Health and Environment) F. If applicable,a NPDES Permit shall be obtained from the Water Quality Control Division of the Colorado Department of Health for any proposed discharge into State Waterways. (Department of Public Health and Environment) G. In accordance with the Above Ground Storage Tank Regulations (7 CCR 1101-14) a spillage retention berm shall be constructed around the tank battery. The volume retained by the spillage berm should be greater than the volume of the largest tank inside the berm. Alternative protective measures may be allowed provided they comply with the Above Ground Storage Tank Regulations. (Department of Public Health and Environment) H. The applicant shall provide evidence that the facility has an adequate water supply(i.e.,well or community water system). (Department of Public Health and Environment) The applicant shall submit a waste handling plan,for approval,to the Environmental Health Services Division of the Weld County Department of Public Health & Environment. The plan shall include at a minimum, the following: 1) A list of wastes which are expected to be generated on site (this should include expected volumes and types of waste generated). 2) A list of the type and volume of chemicals expected to be stored on site. 3) The waste handler and facility where the waste will be disposed (including the facility name, address, and phone number). (Department of Public Health and Environment) J. The applicant shall apply for and be approved for a Flood Hazard Development Permit for any development that will increase or decrease the base flood elevation in the flood plain as delineated on FIRM Community Panel Map#080266-0850C,dated September 28,1982. (Department of Planning Services) K. In accordance with Section 23-4-290 of the Weld County Code,the applicant shall furnish evidence that he or she is insured to the extent of not less than one hundred thousand dollars($100,000.00)against liability for any negligent act or omission by the operator from the operation or maintenance of the sand and gravel pit and the extraction and production of sand and gravel and all activities connected with or incidental thereto. (Department of Planning Services) L. The applicant shall submit evidence to the Weld County Department of Planning Services indicating that the Gravel Well Permit and Temporary Substitute Supply Plan has been approved by the Colorado State Engineer's Office. (Department of Planning Services) M. The applicant shall submit plans for the installation of tanks for flammable or combustible liquids storage and dispensing to the Mountain View Fire Protection District for review and approval. Evidence of approval shall be submitted to the Weld County Department of Planning Services. (Mountain View Fire Protection District) N. The applicant shall attempt to address the concerns of the Colorado Division of Wildlife,as indicated in their referral response, received on June 28, 2001. Evidence of such shall be submitted to the Weld County Department of Planning Services. (Department of Planning Services) 4. The Special Review activity shall not occur nor shall any building or electrical permits be issued on the property until the Special Review plat is ready to be recorded in the office of the Weld County Clerk and Recorder. (Department of Planning Services) Motion seconded by Stephen Mokreay. VOTE: For Passage Against Passage Michael Miller Bryant Gimlin John Folsom Fred Walker Stephen Mokray Cathy Clamp The Chair declared the resolution passed and ordered that a certified copy be forwarded with the file of this case to the Board of County Commissioner's for further proceedings. CERTIFICATION OF COPY I,Voneen Macklin, Recording Secretary for the Weld County Planning Commission, do hereby certify that the above and foregoing resolution, is a true copy of the resolution of the Planning Commission of Weld County, Colorado, adopted on August 7, 2001. Dated the of 7`" of August, 2001. Jo cci _IVYiC .ft. Voneen Macklin Secretary SITE SPECIFIC DEVELOPMENT PLAN SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS Western Mobile,Inc./Virginia Shaw,Property Owner USR-1346 1. The Site Specific Development Plan and Special Use Permit is for an Open Pit Sand and Gravel Mining Operation, including the conveyance of excavated sand and gravel,importation of sand and gravel material, processing and sales in the A (Agricultural) Zone District, as indicated in the application materials on file and subject to the Development Standards stated hereon.(Department of Planning Services) 2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of the Weld County Code. (Department of Planning Services) 3. The facility shall operate in accordance with the approved dust control plan. The facility shall have sufficient equipment available to implement appropriate dust control. Additional control measures shall be implemented as required by the Weld County Health Officer. (Department of Public Health and Environment) 4. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act, 30-20-100.5, C.R.S., as amended)shall be stored and removed for final disposal in a manner that protects against surface and groundwater contamination. (Department of Public Health and Environment) 5. No permanent disposal of wastes shall be permitted at this site. This is not meant to include those wastes specifically excluded from the definition of a"solid waste"in the Solid Wastes Disposal Sites and Facilities Act, 30-20-100.5, C.R.S. (Department of Public Health and Environment) 6. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive dust, blowing debris, and other potential nuisance conditions. (Department of Public Health and Environment) 7. Fugitive dust shall be controlled on this site. (Department of Public Health and Environment) 8. This facility shall adhere to the maximum permissible noise levels allowed in the Industrial Zone as delineated in 25-12-103 C.R.S. (Department of Public Health and Environment) 9. The applicant shall remove,handle,and stockpile overburden,soil,sand and gravel from the facility area in a manner that will prevent nuisance conditions. (Department of Public Health and Environment) 10. If applicable, the applicant shall obtain a stormwater discharge permit from the Colorado Department of Public Health&Environment,Water Quality Control Division. (Department of Public Health and Environment) 11. The operation shall comply with all applicable rules and regulations of the Colorado Division of Minerals and Geology. (Department of Public Health and Environment) 12. All fuel tanks, septic tanks, temporary buildings, and any other hazardous items that might wash away during flooding shall be securely anchored and adequately flood proofed to avoid creation of a health hazard. (Department of Public Health and Environment) 13. Adequate handwashing and toilet facilities shall be provided for employees. (Department of Public Health and Environment) 14. The operation shall comply with the Occupational Safety and Health Act(OSHA). (Department of Public Health and Environment) 15. The operation shall comply with the Mine Safety and Health Act (MSHA). (Department of Public Health and Environment) 16. Portable toilets may be utilized on sites that are temporary locations of the working face and portable processing equipment, etc., for up to six months at each location. (Department of Public Health and Environment) 17. The operation shall comply with all applicable rules and regulations of the Colorado Division of Minerals and Geology. (Department of Planning Services) 18. Effective December 1, 1999,Building Permits issued on the lot will be required to adhere to the fee structure of the Southwest Weld Road Impact Program Area 2. (Department of Planning Services) 19. The landscaping on site shall be maintained in accordance with the approved Landscape/Buffering Plan. (Department of Planning Services) 20. The sand and gravel operation shall comply with operation policies identified in Section 23-4-290 of the Weld County Code. (Department of Planning Services) 21. Section 23-4-290 of the Weld County Code limits the hours of operation for sand and gravel operations to the hours of day light except in the case of public or private emergency or to make necessary repairs to equipment.Hours of operation may be extended with specific permission from the Weld County Board of County Commissioners. This restriction shall not apply to operation of administrative and executive offices or repair and maintenance facilities located on the property. (Department of Planning Services) 22. Existing trees and ground cover along public road frontage and drainage ways shall be preserved, maintained,and supplemented,if necessary,for the depth of the setback in order to protect against and/or reduce noise, dust, and erosion. (Department of Planning Services) 23. Should noxious weeds exist on the property or become established as a result of the proposed development, the applicant/landowner shall be responsible for controlling the noxious weeds, pursuant to Section 15-1-10, Article I and II, of the Weld County Code. (Department of Public Works) 24. Setbacks to a mining operation are measured from the future right-of-way line, plus the standard setbacks for mining as indicated in Section 23-4-290.A. of the Weld County Code. (Departments of Public Works and Planning Services) 25. "No Trespassing"signs shall be posted and maintained on the perimeter fence to clearly identify the boundaries of the site. (Department of Planning Services) 26. Lighting provided for security and emergency night operation on the site shall be designed so that the lighting will not adversely affect surrounding property owners.(Department of Planning Services) 27. All signs shall adhere to Section 23-4-90 of the Weld County Code and shall require Building permits. (Department of Planning Services) 28. All buildings shall require building permits and review through the Weld County Department of Building Inspection. (Department of Building Inspection) 29. All operations shall conform with Weld County Flood Regulations including: a. No fill,berms,or stockpiles shall be placed in the one hundred (100)year flood plain which would obstruct passage of flood flows. b. All fuel tanks,septic tanks,temporary buildings, and any other hazardous items that might wash away during flooding shall be securely anchored and adequately flood proofed to avoid creation of a health hazard. Following completion of mining, all temporary buildings shall be removed. (Department of Planning Services) 30. If any work associated with this proposal requires the placement of dredged or fill material,and any excavation associated with a dredged or fill project,either temporary or permanent,in waters of the United States, at this site, the Department of the Army, Corps of Engineers shall be notified by the applicant for proper Department of the Army permits or changes in permit requirements pursuant to Section 404 of the Clean Water Act. Any other requirements of the Corps of Engineers shall be addressed by the applicant and evidence submitted to the Department of Planning Services. (Army Corps of Engineers) 31. The operation shall comply with all applicable rules and regulations of the Federal(Department rgency Management Agency including a Letter of Map revision if determined to be applicable. of Planning Services) 32. The property owner or operator shall be responsible for complying with the Design Standards of Section 23-2-240, Weld County Code. 33. The property owner or operator shall be responsible for complying with the Operation Standards of Section 23-2-250,Weld County Code. 34. Personnel from the Weld County Departments of Public Health and Environment and Planning Services shall be granted access onto the property at any reasonable time in order to ensure the activities carried out on the property comply with the Development Standards stated herein and all applicable Weld County regulations. 35. The Special Review area shall be limited to the plans shown hereon and governed by the foregoing standards and all applicable Weld County regulations. Substantial changes from the plans or Development Standards as shown or stated shall require the approval of an amendment of the Permit by the Weld County Board of County Commissioners before such changes from the plans or Development Standards are permitted. Any other changes shall be filed in the office of the Department of Planning Services. 36. The property owner or operator shall be responsible for complying with all of the foregoing Development Standards. Noncompliance with any of the foregoing Development Standards may be reason for revocation of the Permit by the Board of County Commissioners. Summary of Weld County Planning Commission Meeting Tuesday, August 7, 2001 Page 10 • CASE NUMBER: USR-1346 APPLICANT:Western Mobile, Inc.Nirginia Shaw: Property Owner PLANNER: Julie Chester LEGAL DESCRIPTION: Parts of Sections 20 and 29, T2N, R68W of the 6th P.M., Weld County, Colorado. REQUEST: Site Specific Development Plan and Special Review Permit for an Open Pit Sand and Gravel Mining Operation. LOCATION: North and south of and adjacent to WCR 16 '/x, east of and perpendicular to WCR 3 1/4. John Folsom excused himself from this case. Julie Chester,Department of Planning Services,presented Case USR-1346,reading the recommendation and comments into the record. The Department of Planning Services is recommending approval of the application along with the Conditions of Approval and Development Standards. Bryant Gimlin asked whether this was a six month permit . Julie Chester responded that this was a three year permit. To mine three different areas by 2004, but if developed after they would need to go through a separate process. Duane Bolick, Metro Division Manager for Western Mobile, stated that the current operations are on the Nelson property and Cottonwood Project. There will be a total of 2.5 to 3 years of mining depending on demand. This will be dry mining and it will be processed at the Cottonwood property and it will be conveyed up to the property. The only truck hauling will come from the south parcel,and it will be trucked across WCR 16 '/s to the conveyer location. The first 6-8 months will be the only time that trucking will be involved and it is only going across WCR16 '/3. Mike Miller asked if they were planning on using highway trucks to get across or haul trucks. Duane Bolick responded that they are planning on using 35 ton haul trucks. Mike Miller asked Don Carroll how that works on the Weld County Roads. Don Carroll,said that he has asked the applicant to supply them with a detailed drawing of the truck crossing, distance from the intersection and what type of crossing will be used. All of this must be reviewed and approved by Weld County Traffic Engineer and the Weld County Public Works Department priorto operation. Mike Miller asked if they would be creating a new access point on both sides of the road. Duane Bolick, stated the access point would be east of WCR 3 1/4. The Reclamation Plan will have an unlined pit on the South tract and two lined pits on the west and north tract. Stephen Mokray, asked why one is unlined. Duane Bolick,stated the southern pit will be a recreational use and the land owner has an augmentation plan for the pond. Mike Miller,asked how they are going to treat the access from parcel into the pit. Duane responded they will be finished mining on the Nelson property by the time the mining starts on that parcel. Mike Hart, Hart Environmental, addressed the issue of the movement of the road with regards to mining locations. There will be roads that are eliminated due to movement in the mining pit. Everything will go to the North towards the Cottonwood Pit. They will put a paved section on WCR 16'/:at the point of crossing. [i EXHIBIT '1J u int13q(e Summary of Weld County Planning Commission Meeting Tuesday, August 7, 2001 Page 11 Mike Miller, stated that his biggest concern was with the intersection and the type of trucks that would be used to haul the gravel and asked if there was ever a consideration to convey it across the road. Mike Hart, stated that they had considered conveyers but because of the time and the small amount of materials it was not practical. The material could last as short as three months. Cathy Clamp,stated she has major concerns about deeds on the property. There are three separate deeds that severs the land from the gravel. She asked if there are plans to obtain permission from the owners to mine gravel. Gravel was specifically mentioned in the deeds. Julie Chester requested that a recess be taken to discuss the details further. The meeting was reconveined 10 minutes later. Mike Hart,stated that the title work was done on the property that said the property does in fact belong to the Shaw family. Mike Hart,stated there is adequate documentation that reattached the land with the mineral and gravel rights. Mike Miller,asked if language could be prepared to create a development standard that would address this issue before the case gets to the County Commissioners. The Chair asked if there was anyone in the audience who wished to speak for or against this application. John Widerquist, in general he had no problem with project, but has two concerns that he wished to be mitigated. One is about the water mitigation. Mr. Widerquist has a 26 acre lake and would like to see something in the development agreement to deal with the level of the existing lake and maintenance of that level. The other concem is about three agreements between the County and Western Mobile. One agreement stated that Weld County will put base in and Western Mobile would pave the road from WCR 16 1/4 to WCR 52. The road had deteriorated due to increase in truck traffic in recent years. Mr.Widerquist would like to see that there is an agreement put in the Development Standards that once the mining is finished the road be put back to a the paved surface. Ralph Nelson, reiterated the concern about the road condition and requested that it be put back to a useable condition. Jack Oberding, reiterated the road concerns. Fred Walker, asked if Western Mobile was the only entity that caused the damage to the road? Jack Oberling, stated that yes they were. Dave Pause,spoke also about the traffic and how it had deteriorated the road and would like to see it returned to original form. Don Carroll, stated that he would schedule a meeting between the applicant and the County to address the issues on WCR 3 1/4 and whether they will need to reconstruct and repave it. The original agreements state that it is a shared responsibility for the maintenance between Weld County and Western Mobile. Lee Morrison, suggested that we use a similar agreement that was used with the Nelson Permit but have a separate agreement that will take into account the existing agreement but also add the needed road improvements issue. Julie Chester, stated that the Road Improvements Agreement can address a proportion of the road maintenance that is Western Mobiles responsibility, but is not sure that a third party can be added due to the Summary of Weld County Planning Commission Meeting Tuesday, August 7, 2001 Page 12 fact that the Subdivision is completed. Ms. Chester requested Planning staff be included in the meeting. Fred Walker,asked for clarification on the Road Improvements Agreement. Road Improvements Agreements apply to road impacts that happen in the future. This case seems to address impacts from the past. Julie Chester, provided some clarification on the issue of additional truck traffic and stated that there will be no additional traffic on WCR 3 1/4 or 16 1/2. Duane Bolick,provided some insight on the neighborhood meetings that were done and what was addressed. They have discussed with the neighbors and with Don Carroll what will be done to mitigate and improve the road once the mining process is finished. They will do what is necessary to bring the road up to a useable condition. Julie Chester read the proposed language for Condition of Approval #26: The applicant shall submit to the Weld Counion the reattachment of the mineral rights to Mike and Department located in the 'the south half of the Sces tW4,NE4 of he SE4 the SW4 of the SE4 of Section 20,Township 2N R68 W S2 of the NE4 of Section 29.) Cathy Clamp, stated that she would like to see the addition of the gravel rights be added to the conditions of approval. Duane Bolick stated that he would like to make a couple changes and clarification to the development standards. Staff recommendation 2A which,discusses the agreement between Oil&Gas Mineral right owners. They are requesting that this requirement be met prior to the Commissioners Hearing. The reason is that there is good progress on the agreements, but is not yet completed. Julie Chester, provided clarification as to why a condition is requested prior to the scheduling of Board of County Commissioners Hearing. This enables less confusion, conflict with scheduling and continuances. Duane Bolick,stated that the second item is Condition of Approval number 4A addressing the Individual Sewer Disposal System be required for the facility. There will be no fixed offices,there will just be the mining activity. Mr. Bolick also has a conflict with number 16, portable toilets in temporary locations and is asking that 4A be stricken Bryant Gimlin moved that changes be made to 2 to reflect 10 days prior to the Board of County Commissioners Hearing and delete 4 both A and B. Stephen Mokray seconded the motion. Motion carried unanimously. Bryant Gimlin moved that Case USR- 1346, be forwarded to the Board of County Commissioners along with the Conditions of Approval and Development Standards with the Planning Commissions recommendation of approval. Stephan Mokray seconded the motion. The Chair asked the t cision. John Folsom, excused; Stephan Mok ay,yes; Cathy Clamp,yes Planning Walker, yes; Bryant Gimmission for theirM, yes; Michael Miller, yes. Motion carried CASE NUMBER: USR-1349 APPLICANT: Robert& Diane Tateyama PLANNER: Julie Chester LEGAL DESCRIPTION: Pt. E2 of Sect. 16, T7N, R65W of the 6th P.M., Weld County, Colorado. REQUEST: A Site Specific Development Plan and a Special Review Permit for an Agricultural Service Establishment primarily engaged in performing agricultural, animal husbandry, or horticultural services on a fee or contract basis, including Livestock Confinement Operations (a dairy of 2675 head of cattle, with one Hello