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I— IA- -- x a o � o ` � = L!J QEN 11.1 o!f rn a as � ,,.s re) mil• : / - I�.R....■..� s � a) /V - a0 . 1 � . co _ m - W in 21 // ~ �. _ N �cm y // w m O cn O p „m 3 • x.413 1113 � Q � CO / 3 3 c d oer ow4c0 // co- -o co ..- /7 N /' - %�� t r RESOLUTION RE: APPROVAL OF USE BY SPECIAL REVIEW FOR A HOG CONFINEMENT OPERATION - NORTHERN COLORADO PORK PRODUCERS WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS , the Board of County Commissioners held a public hearing on the 11th day of April , 1984 , at the hour of 2 : 00 o' clock p.m. in the Chambers of the Board for the purpose of hear- ing the application of Northern Colorado Pork Producers , 39560 Weld County Road 29 , Ault, Colorado 80610 , for a Use by Special Review for a hog confinement operation on the following described real estate, to-wit: Part of the NWa, Section 16 , Township 7 North, Range 66 West of the 6th P.M. , Weld County, Colorado WHEREAS , Section 24 . 4 . 2 of the Weld County Zoning Ordinance provides standards for review of said Use by Special Review, and WHEREAS, the Board of County Commissioners heard all of the testimony and statements of those present, has studied the re- quest of the applicant and the recommendations of the Weld County Planning Commission and all of the exhibits and evidence presented in this matter, and having been fully informed, finds that this request shall be approved for the following reasons: 1. The submitted materials are in compliance with applica- tion requirements of Section 24 . 7 of the Weld County Zoning Ordinance. 2. It is the opinion of the Board of County Commissioners that the applicant has shown compliance with Section 24 . 4 . 2 of the Weld County Zoning Ordinance as follows : a) The proposal is consistent with the Weld County Com- prehensive Plan. The Comprehensive Plan encourages the expansion and development of agribusiness pro- vided the enterprises do not adversely affect the environment. b) The proposed use is an agricultural activity and is, therefore, consistent with the intent of the agricul- tural district. 840314 it k- ly e r Page 2 RE: USR - NORTHERN COLORADO PORK PRODUCERS c) The uses permitted will be compatible with the exist- ing surrounding land uses and with future development of the surrounding area as permitted by the agricul- tural zone district. On March 13 , 1984 , the Town of Ault Planning Commission reviewed the Use by Special Review proposal and found that the request does comply with their Comprehensive Plan. d) No overlay districts affect the site. e) Use by Special Review Operations and Design Standards provide adequate protection of the health, safety and welfare of the neighborhood and County. NOW, THEREFORE, BE IT RESOLVED by the Board of County Com- missioners of Weld County, Colorado that the application for a Use by Special Review for a hog confinement operation on the here- inabove described parcel of land be, and hereby is , granted sub- ject to the following conditions : 1 . The attached Standards for Use by Special Review be adopted and placed on the Use by Special Review plat prior to recording. 2 . No building or electrical permits shall be issued for the Use by Special Review Permit area until the Standards for the Use by Special Review have been placed on the Use by Special Review plat and the plat has been delivered to the Department of Planning Services Office. 3 . The Department of Planning Services receiving a letter from the Greeley Soil Conservation District stating that their recommendations for the nondischarging waste hold- ing lagoon have been satisfied. Said letter shall be received by the Department of Planning Services within ninety days from the date of approval by the Board of County Commissioners. The above and foregoing Resolution was , on motion duly made and seconded, adopted by the following vote on the 11th day of April , A.D. , 1984 . ~ BOARD OF COUNTY COMMISSIONERS ATTEST: f WELD COUNTY, COLORADO Weld County Clerk and Recorder _. (3$440.---_ and erk E to the Bo Norman Carlson, Chairman e)suty County Clerk \(.4-au ' ne J son, Pro-Tem APPROVE S TO FORM: �tp a . ii",---r �, 0 ene R. Brantner iea- County Attorney Chuck^ Carlson efiti ir 22,e7d,d, -1- Jo T. Marti 041684 OPERATION STANDARDS Northern Colorado Pork Producers U.S.R. - 617:84: 13 1. The uses permitted shall be a hog confinement facility (transfer station) as described in the application materials on file with the Department of Planning Services. ** 2. The--macittum- uumbeL-nf-swiTm5--ws-descrtbed--itrldmr-submtttfd-app3Ytfttan aorta 4a4s,-64a44-betwe-#x444-ce4-{-2 )-4€641. 3. The nondischarging waste holding lagoon shall be reworked, deepened and sealed per the Greeley Soil Conservation District (SCD) recommendations dated February 22, 1984. 4. The applicant shall comply with the design standards for the Use by Special Review, Section 24.5 et seq. , of the Weld County Zoning Ordinance. 5. The applicant shall comply with the Operation Standards for Uses by Special Review, Section 24.6 et seq. , of the Weld County Zoning Ordinance. 6. Representatives or members of the Weld County Health Department and Weld County Department of Planning Services shall be granted access onto the site at any reasonable time in order to insure the operations carried out on the site comply with the Operation Standards stated hereon and all applicable Weld County Regulations. 7. The Use by Special Review area shall be limited to the plans shown hereon and governed by the Standards as stated above and all applicable Weld County Regulations. Any material deviations from the plans and/or Standards as shown or stated above shall require the approval of an amendment of the Permit by the Weld County Planning Commission and the Board of County Commissioners before such changes from the plans and/or Standards are permitted. Any other changes shall be filed in the office of the Department of Planning Services. 8. The property owner and/or operator of this operation shall- be responsible for complying with all of the above stated Standards. Noncompliance with any of the above stated Standards may be reason for revocation of the Permit by the Board of County Commissioners. ** Standard 42 should read as follows: The maximum number of swine, as described in the shitted application materials, shall be two hundred and fifty (250) head. HEARING CERTIFICATION DOCKET NO. 84-19 RE: USE BY SPECIAL REVIEW, HOG CONFINEMENT OPERATION, NORTHERN COLORADO PORK PRODUCERS A public hearing was conducted on April 11 , 1984, at 2:00 P.M. , with the following present: Commissioner Norman Carlson, Chairman Commissioner Jacqueline Johnson, Pro-Tem - Excused Commissioner Gene Brantner Commissioner Chuck Carlson - Excused Commissioner John Martin Also present: Acting Clerk to the Board, Tommie Antuna Assistant County Attorney, Lee D. Morrison Planning Department Representative, James Mayerl The following business was transacted: I hereby certify that pursuant to a notice dated March 26, 1984, and duly published in the La Salle reader on March 29, 1984, a public hearing was held to hear the request of Northern Colorado Pork Producers for a Use by Special Review for a hog confinement operation. Lee Morrison, Assistant County Attorney, read this proposal into the record. James Mayerl, repre- senting the Planning Department, read the favorable recommendation, with conditions and Operation Standards, from the Planning Commission into the record. Mr. Mayerl said Operation Standard #2 should be changed to read, "250 head" rather than "200 head" in reference to the maximum number of swine allowed on the site. Gary Simpson, president of Northern Colorado Pork Producers, was present and came forward to answer questions of the Board. After a short discussion, Commissioner Brantner moved to approve this Use by Special Review, to include the conditions and Operation Stand- ards as amended. Commissioner Martin seconded the motion and it carried unanimously. APPROVED: BOARD OF COUNTY COMMISSIONERS ATTEST: \--`"^ WELD COUNTY, COLORADO Weld County Clerk and Recorder 511 t . t,_ e•-.206- and Clerk to the Board Norman Carlson, Chairman By: EXCUSED puty County Clerk Jacqueline Johnson, Pro-Tem Gene R. Brantner EXCUSED Chuck Carlson 2y/L L / I Ifrai NJ J T. Martin DOCKET #84-19 TAPE #84-33 LHR 194 041684 ATTENDANCE RECORD TODAY' S HEARINGS ARE AS FOLLOWS : DOCKET #84-19 - USR, HOG CONFINEMENT OPERATION, NORTHERN COLORADO PORK PRODUCERS PLEASE write or print legibly your name , address and the DOC ° (as listed above) or the applicants name of the hearing you are attending. NAME ADDRESS HEARING ATTENDING -;.(// 7 q A CC , -'ivy/- /�iv� ; L. - /7.3 //O tcic '4 . L/-s /1/C leek At S g gifiL 4 Za"th/ J�/U !'skin /Or'=r it Affidavit of Publication LSMt ORME STATE OF COLORADO. 1 Notice as. County el Weld. ..Pursuant to the xonkp teas of the State of Colorado ad the Weld of County Zeeln.Ordinate,a public hearing wHl be heals the Chem- said County c! Weld. being duly s crn, soy that bars of the Bard N_County Com- I am ubh ne sner I missiors0weldCounty,,Colors- ���/��� w A, des ce d County CarinaCenter, b U`•— YTS HM Street.Or,Colorado, that the same is a weekly newspaper of general atBNXnle spotlit 0 persons in circulation rimed and published in the any manner interested in the Use town of a By Special Review eye requested to attend and may brhaiird. in said county and stoic: that the notice or adver. tisement, of which the annexed is a true ropy. ..BE IT ALSO KNOWN that the has been published/ in said weekly newspaper text and maps so kedifled by the for , Weld County planate Commission consecutive may be ex weeks: that thr route w-as published in the to RNya of County M the office of regular and emirs issue cl every number of said the Clerk the County Centennial hl the Weld newspaper during the period and time of publi- County Canner,915 10th cation of said notice and in the newspaper Street,Third Fleor....reality,Cob•. proper and not in a supplement thereof: that the redo. first publication of said notice was contained in the issue of a 'd wspaper bearing date.bthaa/ DOCKET NO.sa-19 r4/ day of 1S�✓�� A..ri.. I9Q� APPLICANT and the last publication thereof, map",issue of s d,piWspaper bearing date.tthee day et P dt..) onu Colorado Pork ',L/1 1`-y7 .V; that the said ...39560 Weld Ceyily Road IT 4edaveti°C.' ...Ault,Colorado-M610 DATE: April II, NNhaas n published conlinuand uninterrupt- wily during the period of at least filtytwa can- TIME: 2:00 P.M. secutive weeks next prior to the first issue thereof REQUEST:Use By al containing said notice or advertisement above -HogConfinement;Operation eReview relened to; and that said newspaper was at the time of each of the publications of said notice. LEGAL DESCRIPTION: duly qualified for that purpose within the mean ..Part of the. NINA. Section 16, ing of an act. entitled. "An Act Concerning Legal T7N, R66W of the'Nb'P.M., Weld Notices, Advertisements and Publications. and County,Colorado.", the Fees of Printers and Publishers thereof. and to Repeal all Acts and Parts of Acts in Conflict BOARD OF with the Provisions of this Act." approved April 7, COUNTY COMMISSIONERS 1921. and all amendments thereof, and particu- larly as amended by an act approved. March 3D. - 1 ' . an act eppraved 1 y le. 1931. BY:Mary Ann Feuerstein dr County Clerk and Recorder and Cleft to the Board Publisher BY:barbers Patten, / Deputy Subscribed cpd sworn to before me this �. • - day of A.D.. 19.,fLt' •Published in Mer ti*it l9I4.Salle Leader Thursday,Merit la HM. My commission expires //— 7 O 5 --- ELIZABETH MASSY Notary Public 22019 W.C.RD. 54 GREELEY, CO 8063[ '/../ //c7 icy NOTICE Pursuant to the zoning laws of the State of Colorado and the Weld County Zoning Ordinance, a public hearing will be held in the Chambers of the Board of County Commissioners of Weld County, Colorado, Weld County Centennial Center., 915 10th Street, Greeley, Colorado, at the time specified. All persons in any manner interested in the Use By Special Review are requested to attend and may be heard. BE IT ALSO KNOWN that the text and maps so certified by the Weld County Planning Commission may be examined in the office of the Clerk to the Board of County Commissioners, located in the Weld County Centennial Center, 915 10th Street, Third Floor, Greeley, Colorado. DOCKET NO. 84-19 APPLICANT Northern Colorado Pork Producers 39560 Weld County Road 29 Ault, Colorado 80610 DATE: April 11, 1984 TIME: 2 : 00 P.M. REQUEST: Use By Special Review - Hog Confinement Operation LEGAL DESCRIPTION Part of the NW4, Section 16, T7N, R66W of the 6th P .M. , Weld County, Colorado. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO BY: MARY ANN FEUERSTEIN COUNTY CLERK AND RECORDER AND CLERK TO THE BOARD BY: Barbara Patten, Deputy DATED: March 26 , 1984 PUBLISHED: MARCH 29, 1984, in the LaSalle Leader nu r DATE: Marc- 26 , 1984 i'O: The Board of County Commissioners Weld County, Colorado ROM: Clerk to the Board Office commissioners: If you have no objections, we have tentatively set the rollowing hearing for the 11th day of April, 1984 , at 2 : 00 P .M. Docket No. 84-19 - Northern Colorado Pork Producers , USR - Hog Confinement Operation OFFICE E OF THE CLERK/ TO THE BOARD BY: J.rs. -4, �i� llu±L Deputy The above mentioned hearing date and hearing time may be scheduled on the agenda as stated above. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO • BEFORE THE WELD COUNTY, COLORADO PLANNING COMMISSION RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS Moved by Sharon Linhart that the following resolution be introduced for passage by the Weld County Planning Commission. Be tV" 'esblWed by tbt,Weld County Planning Commission that the application for: f' "- _LJLict, 1 '5i CASE NUMBER: USR 617:84:13 hi MAR viAR 2 3 198 Pil 4 NAME: Northern Colorado Pork Producers '/L9 t.tdfc,2L V. (-Ch. 1. ADDRESS: 39560 Weld County Road 29, Ault, Colorado, 80610 REQUEST: Use by Special Review Permit for a Hog Confinement Operation LEGAL DESCRIPTION: Part of the NW14, Section 16, T7N, R66W of the 6th P.M. , Weld County, Colorado LOCATION: Three (3) miles southwest of Ault; south of State Highway 14 and east of Weld County Road 29. be recommended favorably to the Board of County Commissioners for the following reasons: 1. The submitted materials are in compliance with application requirements of Section 24.7 of the Weld County Zoning Ordinance. 2. It is the opinion of the Planning Commission that the applicant has shown compliance with Section 24.3. 1 et seq. of the Weld County Zoning Ordinance as follows: - The proposal is consistent with the Weld County Comprehensive Plan. The Comprehensive Plan encourages the expansion and development of agribusiness provided the enterprises do not adversely affect the environment; - The proposed use is an agricultural activity and is, therefore consistent with the intent of the agricultural district; - The uses permitted will be compatible with the existing surrounding land uses and with future development of the surrounding area as permitted by the agricultural zone district. On March 13, 1984, the town of Ault Planning Commission reviewed the Use by Special Review proposal and found that the request does comply with their -Comprehensive Plan; - No overlay districts affect the site; - Use by Special Review Operations and Design Standards provide adequate protection of the health, safety and welfare of the neighborhood and County. The Planning Commission's recommendation for approval is conditional upon the following: 1. The attached Standards for Use by Special Review be adopted and placed on the Use by Special Review plat prior to recording. 2. No building or electrical permits shall be issued for the Use by Special -Review Permit area until the Standards for the Use by Special Review have been placed on the Use by Special Review plat and the plat has been delivered to the Department of Planning Services office. 3. The Department of Planning Services receiving a letter from the Greeley Soil Conservation District stating that their recommendations for the nondischarging waste holding lagoon have been satisfied. Said letter shall be received by the Department of Planning Services within ninety (90) days from the date of approval by the Board of County Commissioners. USR — 617:84:13 Northern Colorado Pork Producers March 20, 1984 Page two Motion seconded by: Paulette Weaver Vote: For Passage Against Passage Louis Rademacher Bill McMurray Sharon Linhart Paulette Weaver Doug Graff Jack Holman Bob Ehrlich The Chairman declared the Resolution passed and ordered that a certified copy -be forwarded with the file of this case to the Board of County Commissioners for further proceedings. CERTIFICATION OF COPY I, Bobbie Good, Recording Secretary of 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 March 20, 1984 and recorded in Book No. IX of the proceedings of the said -Planning Commission. Dated the 21st day of March, 1984. k n r\j, Or CA. Secretary Date: March 20, 1984 CASE NUMBER: USR 617:84: 13 NAME: Northern Colorado -Pork Producers ADDRESS: 39560 WCR 29, Ault, Colorado, 80610 REQUEST: Use by Special Review Permit for a Hog Confinement Operation LEGAL DESCRIPTION: Part of the NW4, Section 16, T7N, R66W of the 6th P.M. , Weld County, Colorado LOCATION: Three (3) miles southwest of Ault; south of State Highway 14 and east of Weld County Road 29. -THE DEPARTMENT OF PLANNING SERVICES STAFF RECOMMENDS THAT THIS REQUEST BE APPROVED FOR THE FOLLOWING REASONS: 1. The submitted materials are in compliance with application requirements of Section 24.7 of the Weld County Zoning Ordinance. 2. It is the opinion of the Department of Planning Services staff that the applicant has shown compliance with Section 24.3. 1 et seq. of the Weld _County Zoning Ordinance as follows: - -The proposal is consistent with the Weld County Comprehensive Plan. -The Comprehensive Plan encourages the expansion and development of agribusiness provided the enterprises do not adversely affect the environment; - The proposed use is an agricultural activity and is therefore consistent with the intent of the agricultural district; - The uses permitted will be compatible with the existing surrounding land uses and with future development of the surrounding area as permitted by the agricultural zone district. On March 13, 1984, the town of Ault Planning Commission reviewed the Use by Special Review proposal and found that the request does comply with their Comprehensive Plan; - No overlay districts affect the site; - Use by Special Review Operations and Design Standards provide adequate protection of the health, safety and welfare of the neighborhood and County. The Department of Planning Services staff recommendation for approval is conditional upon the following: 1. The attached Standards for Use by Special Review be adopted and placed on the Use by Special Review plat prior to recording. 2. No building or electrical permits shall be issued for the Use by Special - Review Permit area until the Standards for the Use by Special Review have been placed on the Use by Special Review plat and the plat has been delivered to the Department of Planning Services office. 3. The Department of Planning Services receiving a letter from the Greeley Soil Conservation District stating that their recommendations for the non-discharging waste holding lagoon have been satisfied. Said letter shall be received by the Department of Planning Services within 90 days from the date of approval by the Board of County Commissioners. OPERATION STANDARDS Northern Colorado Pork Producers U.S.R. - 617:84: 13 1. The uses permitted shall be a hog confinement facility (transfer station) as described in the application materials on file with the Department of Planning Services. 2. The maximum number of swine, as described in the submitted application materials, shall be two hundred (200) head. 3. The non-discharging waste holding lagoon shall be reworked, deepened and sealed per the Greeley Soil Conservation District (SCD) recommendations dated February 22, 1984. 4. The applicant shall comply with the design standards for the Use by Special Review, Section 24.5 et seq. , of the Weld County Zoning Ordinance. 5. The applicant shall comply with the Operation Standards for Uses by Special Review, Section 24.6 et seq. , of the Weld County Zoning Ordinance. 6. Representatives or members of the Weld County Health Department and Weld County Department of Planning Services shall be granted access onto the site at any reasonable time in order to insure the operations carried out on the site comply with the Development Standards stated hereon and all applicable Weld County Regulations. 7. The Use by Special Review shall be limited to the plans shown hereon and governed by the Standards as stated above and all applicable Weld County Regulations. Any material deviations from the plans and/or Standards as shown or stated above shall require the approval of an amendment of the Permit by the Weld County Planning Commission and the Beard of County Commissioners before such changes from the plans and/or Standards are permitted. Any other changes shall be filed in the office of the Department of Planning Services. 8. The property owner and/or operator of this operation shall be responsible for complying with all of the above stated Standards. Noncompliance with any of the above stated Standards may be reason for revocation of the Permit by the Board of County Commissioners. LAND USE APPLICATION SUMMARY SHEET March 20, 1984 CASE NUMBER: USR-617:84:13 NAME: Northern Colorado Pork Producers ADDRESS: 39560 Weld County Road 29, Ault, Colorado 80610 REQUEST: A Use by Special Review Permit for a Hog Confinement Operation LEGAL DESCRIPTION: Part of the NW1 , Section 16, T7N, R66W of the 6th P.M. , Weld County, Colorado LOCATION: Three (3) miles southwest of Ault; south of State Highway 14 and east of Weld County Road 29 SIZE OF PARCEL: 5.110 acres, more or less POSSIBLE ISSUES SUMMARIZED FROM APPLICATION MATERIALS: The criteria for review of this proposal is listed in Section 24.3 of the Weld County Zoning Ordinance. The staff has not yet received the town of Ault's recommendation regarding this proposal. The Greeley Soil Conservation District mentions some problems regarding the lagoon on site. Please refer to their letter, which is enclosed. The staff operation standards will address these concerns. The Department of Planning Services staff has not received any objections regarding this application. JRM:rjg FIELD CHECK FILING NUMBER: USR-617:84:13 DATE OF INSPECTION: March 9. 1984 NAME: Northern Colorado Pork Producers_ _ REQUEST: A 11SP by Special Review Permit fan& Hog _Confinement Operation LEGAL DESCRIPTION: Parr of the NW%, Section 16,_TlNTR6.6_Wat, the 6th p.m. . Weld _County LAND USE: N Farm residence and crop production E Crop production___ S Farm Residence and crop production W Crop groduction /0NING: N Agricultural LOCATION: Three (3) miles southwest of Ault; E Agricultural south of State Highway 14 and east of Weld County S_ Agricultural Road 29 W__Agricultural COMMENTS: Access to the subject site is from Weld County Road_ 29, a paved road. There is an existing metal building containing an office building and swine handling pens on the site. A lagoon is north of the building approximately twenty (20) feet and south of the Water Supply and Storage Company Ditch. 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M ,. >ix+. v *a.,.,. a�`�`wa'ra«. vs++ d{ rx ST , 3 F ' x _ 1 + k . .1 9 4P 4, /�S �"i' p� z tot _ ,y#'t Art• Tom-.4 t f '�', 5..auc- ...�.:4 >\ V f4� ¢ et e "Wf ,t'% i xv'° "' S ! Ye '' �" \�" . ..• a 1. • :t ''� CF '�F'4is. '$ .: v�';i9• timt9 Y P r 4 . yy Y t Y itF fly 5 , ,Y ` h y l• rt .y - r of h • -t, j wk :t k . l� '{ {3ra Yf .Rp . t. i-..1.-t,. ;b b>� _4:•.444.41-t . , , A .i REFERRAL LIST APPLICANT: Northern Colorado Pork Producers Association CASE NUMBER: USR-617:84:13 SENT REFERRALS OUT: February 10, 1984 REFERRALS TO BE RECEIVED BY March 9, 1984 z z H Q Ca H y H U el W £ W O 0 d 0.� H 0 U O I:4 W U W U z vi a 0 0 Cn z z County Attorney (plat only) Town of Ault 201 1st Street _ Weld County Health Department Ault, Colorado 80601 X XX Engineering Department Soil Conservation Service Greeley Office County Extension Agent X 4302 9th Street Road n— Greeley, Colorado 80634 Colorado Geological Survey 1313 Sherman Street Lydia Dunbar _ Room 703 Planning Commission Member Denver, Colorado 80203 Box 8 - Road 89 Grover, Colorado 80729 iiV Ault Fire Protection District X P.O. Box 36 c/o Lanny C. Clary Ault, Colorado 80610 State Engineer Water Supply and Storage Co. Division of Water Resources X 2319 East Mulberry 1313 Sherman St. , Room 818 Fort Collins, Colorado 80524 Denver, Colorado 80203 482-3433 -I State Highway Department 1420 2nd Street Greeley, Colorado 80631 --- Colorado Department of Health )V nWater Quality Control Division 4210 East 11th Avenue Denver, Colorado 80220 (� THE WATER SUPPLY AND STORAGE COMPANY HARVEY G. JOHNSON. PRESIDENT VIVIENNE 1. WOODWARD, SECRETARY POST OFFICE Box 1584 PRONE 482-3499 2319 EAST MULBERRY FORT COLLINS, COLORADO 80522 March 7, 1984 ' .- -. _ I, . ; ! , , 3 156 i i!i i ' Wc!il Co. Planning Cnmmissior, Mr. James R. Mayerl Current Planner Weld County Planning Services 915 10th Street Greeley, Colorado 80631 Dear Mr. Mayerl; Re: Northern Colo. Pork Prod. Assn. USR-617:84:13 Thank you for your referal letter regarding an application from the Northern Colorado Pork Producers Association for a Use by Special Review Permit for a Hog Confinement Operation. The Water Supply and Storage Company requirements are as follows: 1. No disposal of any kind to enter our ditch, either by seepage or runoff. 2. No structures of any kind within 20 feet on each side of the ditch. 3. No crossing of our ditch of any kind without a written contract from our Company. 4. No pumping from our ditch at anytime. _ Sincerely, THE WATER SUPPLY AND STORAGE COMPANY �/ L ` .3 z,, t y &e, "�f , �:�"..'/-- yet-C Harvey G. Johnson President HGJ/VW United States Soil �S Department of Conservation 4302 W. 9th St. Rd. , GreeleY, CO 80634 Y Agriculture Service Milton Baumgartner, Pres. West Greeley Soil Conservation District P. 0. Box 86 Greeley, CO 80632 February 22, 1984 RE: Northern Colorado Pork Producers Assn. - Use by Special Review Permit for a Hog Confinement Operation Legal - Part of the NIA of Section 16, T7N, R66W, (3 miles southwest of Ault; south of State Hwy. 14 and east of Weld Co. Rd. 29) Soil - Kim loam (#32) , 1-3% slopes Dear Milt: On exhibit 7, para. 7E, and attachment 7E is the brief description of the Kim loam soils but not addressed is the fact that the soil survey says "because of the permeability of the substratum, sewage lagoons must be sealed". On exhibit 2, parp. lg, applicant states it is "a non-discharging lagoon, etc." but does not say if sealing was done or will be done. On 2/16/1984, I was at the site to look at the hog confinement area. All fa- cilities are existing. The "lagoon" (and I use the term loosely) north of the building is very small, very shallow and in poor condition in that weeds are or have apparently been growing in it (indicates shallowness and/or non-use for a period of time) . There was a large amount (discharge) of uneaten feed or grain surrounding the area of the small (- 4") discharge pipe. I think the rea- son they call it non-discharging is that it apparently wasn' t used for some time. I feel it can discharge if used continuously and would overflow to the west into the county borrow ditch and/or east into an irrigation ditch which comes out of the Water Supply & Storage Canal just north of (- 50' ) the lagoon. There is also the possibility (slight) that the animal waste and/or wash water could seep through and into the irrigation ditch. Basically, I see no problem with this small facility except that the pond should be reworked, shaped, maybe deepened, and possibly sealed. According to the re- port, there have been NO complaints about noise, traffic, or odor. Considering the fact there is a very large sheep feeding operation across the road to the west, it would be difficult to distinguish whose smell was whose anyway. Si/ncerely,1 /J Vincent P. Lewis �^ SCS Conservation Technician - ( ] Greeley Field Office vVPL/kep USE BY SPECIAL REVIEW APPLICATION for NORTHERN COLORADO PORK PRODUCERS ASSOCIATION This application has been prepared in accordance with "PROCEDURAL GUIDE FOR USE BY SPECIAL REVIEW APPLICATION , SECTION 24 , WELD COUNTY ZONING ORDINANCE, WELD COUNTY PLANNING COMMISSION" . This application is being submitted for action while a separate , but related , application has been submitted for a recorded exemption by Mr . Kenneth Fagerberg , the current owner of the project area for which this application for Use by Special Review applies . FEBRUARY 7 , 1984 i . BY sl ;.cir.r. _ .V1124 EX.-BIT .1 Departrnent of Planning Services, 915 Tenth Street, Greeley, Colorado Phone - ".5G-4000 - Ext. 400 Case '.;umber t "cad Date Received A;Plication Checked by ______-_ A-.olication Fee —"__ Receipt Eurnbor. __ ___.____--__ __ Recording Fee Receipt Sum her TO BE COMPLETED BY APPLICANT: (please print or type, czcept for neceacary — — -- - _.--.-- signature) I (we) , the undersigned, hereby request hearings before the Weld County planning Conmission and the Weld County Board of County Couunission„cs concerning the pro- pased Special Review Permit of the following described unincorporated area of Weld County Colorado: LEGAL DESCRIPTION OF SPECIAL REVIEW PERMIT APEA:Part NW* Section 16 T 7 N, C.__6SjW LEGAL DESCRIPTION of contiguous property caned upon which special Review Permit is proposed: -- Section T N, R _-_- 'A Property Address (if available) 3956O WCR 29, _Ault , CO 80610 _ PFESENT ZONE Agriculture _______ UVEPL:4Y GO i-:S None --__ TOTAL ACREAGE 5 . 110± acres_ PROPOSED LAND USE Swine Handling_ ______ _ ____ .__ EXISTING LAND USE Swine Handling_ _ _ - "JRFACE FEE (PROI'ER`1'Y C) Et'.S) OF AREA PROPOSED FOR :. C ;C3 ,• :-tee: Kenneth C . Fagerberg__ Address: 15415 State Hy 14 _ City Ault L'P80 10 _____ Home Telephone #j3031 834-1545 Business Telephone #_534-9441 -. ::ame: Address: City ZipH -ome Telephone # Business Tele ,hon,3 r :ame ----- - ---- -- - -- Zip Address: - - - - Eusiness Telephone # Home Telephone # ele --- -- - - -- APPLICANT CVXXXXX XXXX-- l'X (if di ffer_.nj_ than al's-v?.) : :Larne: Northern Pork Producers AssociationAdd ess:39560 WCR 29 City Ault ----- 80610_. ._. :: Business 1 ' : �`' # 834_1444 3or.a Te.lepncne ,< ---- - --- - --- �- - Owner(s) and/or lessees of m,inoral right: on or une-c tl: tLject lrcper'ti. s of record in the Weld County b.ssessor' s " -51ce: Kenneth C.__Fagerberg- _ -- - -p 80610 _ -css=-15415 State Hwy 14 __ Ault - -this 1 i: . ' T :C_`C � 1S and/or lc. .� _l_"" with_ -.. Of t .-_. . _ - . . _.. � the bsst ofKoo... - trce and correct tony _ .. _ __ COUNTY OF WELD ) STATE OF .�_C CRADO ) / _ / I . dA � /fr�1 ! Jlr✓e,42 v k iyna'cue: , , r :th0ri d i,u:,ut v ScDscc i bed a.3d s`w'orn to ho lore Pre rag this 7th el"}, of _ February 19 84 ,'AL rU_ December 28, 1987 - EXHIBIT 2 STATEMENTS REQUIRED BY SECTION 1 OF PROCEDURAL GUIDE la . Consistency With Weld County Comprehensive Plan: The proposed Special Use is consistent with the Weld County Comprehensive Plan . Activities proposed for the Special Use site are agricultural—related and the site is zoned "Agriculture" . lb . Consistency With Intent of District : The proposed Special Use is consistent with the intent of the district . All land surrounding the Special Use site is zoned "Agriculture" for several miles in all directions . lc. Compatibility With Surrounding Land Uses : The proposed Special Use is compatible with surrounding land uses . Within one—half mile of the Special Use site there are a sheep feedlot and a cattle feedlot . All other land around the Special Use site is used for grazing or for cultivated crops . ld . Compatibility With Future Development of Surrounding Area : The proposed Special Use is compatible with future development of the surrounding area. The Weld County Comprehensive Plan indicates that this area will remain agricultural for the foreseeable future . le . Compliance With Overlay District Regulations : The project area for the proposed Special Use is outside of all Overlay Districts according to existing Weld County Overlay Maps . Therefore , this application complies with Weld County Zoning Ordinance , Section 50, Overlay District Regulations . lf . Efforts to Conserve Agricultural Land : Soils on the Special Use site are classified as Kim and are suitable for irrigated and nonirrigated crop production. Presently the site is not being used for crop production . Buildings and other facilities will be designed to conserve land area . Additionally, the proposed Special Use is agriculure—related even though it is not for crop production . Therefore , we believe the intent of the existing zoning will be preserved and our efforts to conserve agricultural land are adequate . lg . Health , Welfare , and Safety: Domestic—type wastes are disposed of in a septic tank system. A copy of the Weld County Health Department septic system application and approval is included herein as Attachment 1A. All animal wastes are washed daily into a non—discharging lagoon and treated with a micro—aid steroid product for disinfection and odor control . When required , the lagoon is pumped out by a septic tank pumping company and wastes are disposed of in accordance with regulations . Potential pollution of the lateral ditch owned and operated by the Water Supply and Storage Company will not occur because the elevation of the lagoon is well below the elevation of the ditch . There are not any piles of uncontained animal wastes . There have been no complaints for area residents (see Exhibit 6 for proximity of dwellings to Special Use facilities) . There is a minimum of one—quarter mile site distance along Weld County Road 29 at the driveway entrance/exit for the Special Use site . The small amount of traffic that enters and exits the site does not create any significant safety hazards . WE COUNTY HEALTH DEPARTMENT 1516 Hospital Road Permit No. Ef,o.T.3 -?,/ (S Greeley, Colorado 9q [{ PH. 353-0540 Application for permit to install, construct, an Individual Sewage Disposal System - ' Owner T�i'Y"1ne �� C- { �9-er�,c r Address 1 S415 Cnlo1.l•u %-': Phone � 1S 1 Directions to site: Hwy -' a, ,Rd. N-..mi., mi, ,S miii Wt rillifr r ,.‘, /z vv.;- S. �, (r4eC Ie�a.� 7.;74.77-7- W ey dpt'A . - AGM Ji e . 1Legal Description: PtnV - kiL,'j'4 Seca 'Us ,T 7 N, .R 1#(., W, Sub. u , Lot , Blk 4 itrjt i rTI General Information I De t: Use Onl No Bedrooms - No ,,Persons (- �- ^7r,, z Perc Yate (4g .qL �i 3) fti No'. "Baths ' � -r Basetaent Plumbing Soil Type G'/Af'-'/t /r1 - , ' Size of Lot (a acres . ( • ' H2O Table h Dep -.4/ er,40/-?.. ' f H2O supply (If well give depth) N W C W3? Lot Grade , 'L,J3a.4,- New Home Mobile Home Modular Add'n ei--s Engineer Design .45 -,Yes ,)(, No Type of 'sewage disposal requested: If YES-reasons• s-, Septic tank'.✓Privy_ Other - -. Comments.r ' This is to certify that the' system is NOT within 400 ft. of a public sewer G 7..N• 4 ( F. Installation instructions: (Minimum Requirements) I ; Septic Tank 750±4 Gals. Absorption Trenches . .'FR.,-.5 Sq. Ft. Other or Special Instructions Seepage Bed ( •, Sq. Ft. -4d n.0 1lt ee This system will be constructed nd installed.in accordance ith the above specifications and regulations regarding individual sewage disposal systems . in Weld County, Colorado. This permit shall expire at the same time as the building permit, or, if no building permit is issued, the permit shall expire 120 days after its issuance if construction has not been commenced. Date: Owner: / /) r, Applicant:\>,t a&it •�f/-+^„�'T""' The plans and specifications as shown are approved pending paymept of perMit fee. Date: ( gI::" Sanitarian r The above system inspects an fo t{f! to comply with plan and desc ipt o 3 Date: 2 — Systems Contractor: �Y\\ Sanitarian: Engineer Review: (Date) (Signature) t c ?. Permit Fee: $ 1//� 1.-(:, --- (� 19-' (;�TLI*1 Date: \,� - a' 'cc' . Received by: _ , 19-79-122 ,? t sa tc.- , sc — linattor . y.+1�.�.r'f • n r 3f; ¢ j a AIM dII OF INTEREST OWNERS EXHIBIT 3 /CE ESTATE Page 1 of 2 Application No. Subject Property A portion of the West Half of the Northwest Quarter (W4NW,'-, ) , Section 16 , Township 7 North , Range 66 West STATE OF COLORADO ) ss. COUNTY OF WELD THE UNDERSIGNED, being first duly sworn , states that to the best of his or her knowledge the attached list is a true and accurate list of the names, addresses and the corresponding Parcel Identification Number assigned by the Weld County Assessor of the owners of property (the surface estate) within five hundred (500) feet of the property subject to the application. This list was compiled from the records of the Weld County Assessor, or an ownership update from a title or abstract company or attorney, derived from such records , or from the records of the Weld County Clerk and Pecordar. The list co piled from the records of the Weld County Assessor shall have been assembled , ithin thirty (30) days of the application smb::r.,is;ion date. The foregoing instrument ....as subscribed and sworn to before me this - daY// iu(L 19 Vby GG�- f � i<� .__ WITI;ESS my hand and official seal . Hy Cc,maissionexpires : PV My Commission Expires May 12, 1997 ? 1.V ' - icy GOAic t PI ea se print or -type EXHIBIT 3 Page 2 of 2 NAME ADDRESS, TOWN/CITY, ASSESSOR'S P.kCEI_ -- - STATE AND ZIP CODE I DENT I l'ICAT1.,'I # Archie B . & Wilma E . Shaw 10275 West 35th 18565 _ Wheatridge . CO .8003 __.._.._—_.__—._ .--.- ._------ Ray 0 . & Vera E . Emry 39470 WCR 29 18565-A Ault , CO_ 80610 -_.._..__._... _..._ Walter & Patricia L. Rt . 2 Box 1 18565-B Danielson Eaton, CO 806.15. _ _- -- --- -- Kenneth C. Fagerberg 15415 State Hwy 14 18567 . . — ._.. . . ._.. Edwin E. & _Opal Wingfield 3972 WCR 29 1$567-A Ault , CO 80610 -- JTize Steen Roberta c/o Otho G. Wykert 18568-B Wykert , et al• Box 116A ,_ Ault,_ CO 80610___- —__.__.___....__._ Joyce Weber & Arlene c/o Otho C. Wykert 18569 k e r t . e t a.L.. _ ._ B o X LL6 A.-, A i,1 t.,-..C 0_-.8.0 6-1.0.---------- .----- - _____ • ----. EXHIBIT 5 DESCRIPTION OF PROPOSED OPERATION AND USE 5a. Type of Use : The project area will be used as a handling and transfer station for an average of approximately 200 swine per day , four days per week . Swine will be transported to the project site in pickups and small trailers by area farmers . The swine then will be tranferred from the small vehicles into semi—trailers . The project area will not be used as a holding or feedlot facility . All swine are presold prior to being delivered to the project site for transfer to semi—trailers . Normal transfer days are Monday, Tuesday , Wednesday , and Saturday each week. All transfer activity normally is completed before noon . 5b. Proximity to Residential Structures : Refer to Exhibit 6 , Vicinity and Plot Plan . Sc . Number of Shifts and Employees : One 8—hour shift with one employee , six days per week . 5d . Types and Numbers of Users : The Northern Colorado Pork Producers Association has 138 certificate holding members . There are approximately 85 active members . On any given day approximately 10 to 15 members deliver swine to the project area for transfer to semi—trailers . Sf. Types and Numbers of Animals : Approximately 200 swine will be hauled in and hauled out the same day, 4 days per week . 5g . Types , Number , and Uses of Structures : There is one pre—engineered metal building on the project site (approx . 56ft . by 80ft . ) . There is one office space , one conference room, and the remainder of the facility contains swine handling pens . In addition to swine handling and daily facilility management , there is a meeting of the governing board once per month and general membership meetings once per quarter . 5h. Vehicular Traffic : Average daily weekday traffic consists of the following : 3 cars or pickups six days per week 10 to 15 pickups and small trailers 4 days per week between 8 : 00 and 11 : 00 a .m. 1 Semi—trailer 4 days per week There is no traffic on holidays . 5i . Domestic Sewage Facilities : Domestic sewage is disposed of in an existing septic tank system . The Weld County approval of this system is attached as Attachment 5A. 5j . Stockpile , Storage , or Waste Areas : There are not any stockpile or storage areas . Animal wastes are washed out of the transfer pens each day into a nondischarging waste holding lagoon north of the building. Please refer to Exhibit 6 for lagoon size and location information . 5k. Waste Disposal : Swine transfer pens are washed down daily into the nondischarging lagoon north of the building . The Lagoon is treated with a micro—aid steroid product to control odors and bacteria . The lagoon is pumped out as required , depending on evaporation . Over the past thr-ee years it has been necessary to pump out the lagoon only one time . 51 . Construction Time Table : No new construction is planned at this time . 5m. Proposed Landscaping : No landscaping is planned at this time . 5n . Reclamation Procedures : The current plan is for the proposed special use to continue indefinitely. Therefore , no detailed reclamation plan has been developed. However , if the proposed special use is curtailed , the lagoon will be cleaned out and refilled with clean earth . The building , if useable , will be left on the site . If for any reason the building is in disrepair or otherwise unuseable , it will be dismantled and disposed of in accordance with Weld County Regulations . 5o . Fire Protection Measures : The project area is served by the Ault Fire Protection District . The existing structure is constructed of steel with an extremely limited quantity of L flammable material in the office area . No other special fire protection measures are planned at this time . 4 EXHIBIT 6 6 VICINITY MAP AND PLOT PLAN A copy of Exhibit 6 , Vicinity Map and Plot Plan , is attached as the last page of this application . The original mylar of this drawing was submitted to , and filed separately , by the County Planning office . r. EXHIBIT 7 SUPPORTING DOCUMENTS 7a. Auhorization to Sign: A copy of the January 30 , 1984 Northern Colorado Pork Producers Association Board Meeting Minutes authorizing the Association Secretary to sign documents is attached as Attachment 7-A. -A copy of Attachment 7A was included only with the origin-al copy of the application submitted for County files . 7b. W-ater Supply Ad-equacy : A letter from the North Weld County Water District is attached as Attachment 7B. 5 lc . Copy of Deed or Other Instrument : The Applicant tholds -a Lease and option to purchase the subject property. They presently are in the process of exercising their option . A copy of the Lease is attached as Attachment 7C to indicate the interest of the Applicant in the property under consideration . A copy of Attachment 7C was included only with the original copy of the application submitted for County files . 7d. Noise Report : We B re hereby requesting that the requirement for a Noise Report be -waived . The proposed special use is in an isolated area end any noise from squealing swine will the limited to a few hours in mid-morning four days per week . She nearest residence is over 300 feet a-way and there have been na complaints from area residents in the past . 7e. Soils Report : As shown on Attachment 7D , soils in the , project area are No . 32 . Attachment 7D is a portion of the U . S . Soil Conservation Service soils classification map of the southern portion of Welt! County. Soil No . 32 is defined as Kim Loam with slopes of 1 to 3 per cent . This is a highly suitable soil for irrigated and non-irrigated agriculture . Permanent structures on the site are limited to a very small portion of the site . Additionally, even though the proposed special use does not include crop production , the use is agriculture related. A detailed , description of the Kim Series soils is included on Attachment 7D. ATTACHMENT 7B BOARD OF DIRECTORS ERNEST TIGGES NORTH WELD COUNTY WATER DISTRICT ALEX HEIDENREICH ROBERT ALKIRE ���� �, HIGHWAY 85 LUCERNE,COLORADO 80646 -GARY SIMPSON a.���''Ii i� LYLE NELSON,MGR. W.M.MCKAY �:'• +6c� P.O.BOX 56 - PHONE 356-3020 January 13 , 1984 TRE: Water Service, NORTHERN COLORADO PORK PRODUCERS wear Sirs , This letter is in response to your inquiry regarding water service to the following described property : Sec . 16-7-66 # 1750 1 . X Water service is presently being provided to the above described property. 2. X Water service can be made available to the above described property provided all requirements of the District are satisfied. If contracts have net been consumated with North Weld County Water District within one year from date of this letter , this letter shall become null and void . Additional comments: Sincerely , NORTH WELD COUNTY WATER DISTRICT • e D. Nelson , Manager LDN/wb • . a+uyW _ #`1 Ark 'i"59>[ea. 47 } 5� • .',\c:0,, 1 <K. JJ 1 31 �. ATTACHMENT 7� 39 40 40 32 32 ''7;,:- .\ li ��y{ \ 471 ' 4 w 1x47 " � T e 48 r 32 32 + 77 4„}�47• 33 1 Project Area ( 38 33 4Q \w �32 47 N32 33 4r. SO kto ��x4 �Fii: 53 . 47 .d �./1 i ; H.' p,{;'3' 4 4 7 }V.: c i f ° r2ip9�. 32 47 � 4 1 `�. 34 e1 38 \ ,[ .!1 ,, 32 es .i �) ` • 332 3 i;'i ' : 47 32 .r 14 y, 32 i 5 733 . 33 y 5: 52 4 4 \"' inn + h; ; •'Y't,`,. 33 32 a �� ly ,'Le 33 32 . 4 59 S. "9a, 52 7 y y 33 38 • 2 w 52 a 65 a 33 34 24 32 n + 441 32 1 • _24 42 33 ,i 32 51 32 34 -l'2 4 22,.M; 2; 9 ' 20 64 X1 / 32 t7 user ;Y 24 24 # 4-4r DITCH 32 ':6 ;y + Nt 52 ,8114 ;" S'}t nlw�j? / 33 S. 'v.; 4 >`j F165 32 ,I 4t4'• ht&,;. 32 {l+ % c ve 3�1 Sl Cs. /.. q 4 . k p 32 � ....—�—. DESCRIPTION OF KIM SEMIS SOILS t The Kim series consists of deep , well drained soils that formed in mixed eolian deposits and parent sediment from a wide variety of bedrock . Kim soils are on plains and alluvial fans . Slopes are 0 to 9 percent . Kim soils are similar to the Colby , Otero , Shingl-e , and Thedalund soils and are near the Fort Collins and Olney Soils . Colby soils are more silty in all horizons . Otero soils are less than 18 i ipercent clay in the C horizon . Shingle and thedalund soils have shale between 10 and 40 inches . Fort Collins and Olney soils have a B horizon . Typical pedon of Kim loam , 1 to 3 percent slopes , 270 feet south and 366 feet west of northeast corner Sec . 15 , T6N , N66W . OLNFY-KTM-OTERO SOILS i Deep , nearly level to moderately sloping , well drained sandy loams and loans formed in mixed alluvium and eolian deposits . This nearly level to moderately sloping map unit is on plains and alluvial fans throughout the survey area . It makes up about 23 . 5 percent of the total acreage . About 35 percent is Olney soils , 20 percent is Kim soils , 15 percent is Otero soils and 30 percent i-s soils of minor extent . Thi-s map unit is used for irrigated and nonirrigated cropland and for rangeland . The potential is good for urban development and fair for wildlife habitat . NOTE: The above information was taken from the "Sail Survey of Weld County , Colorado , Southern Part " , issued by the Soil Conservation .. Service Semtember 1980 . Hello