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HomeMy WebLinkAbout860699.tiff RESOLUTION RE: APPROVAL OF USE BY SPECIAL REVIEW FOR A CUSTOM FEEDLOT CONTAINMENT OPERATION (4 , 000 HEAD OF CATTLE) - DENNIS E. AND BILLIE L. STUEHM 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 30th day of July, 1986 , at the hour of 2 : 00 p.m. in the Chambers of the Board for the purpose of hearing the application of Dennis E. and Billie L. Stuehm, 18027 Weld County Road 84 , Ault, Colorado 80610 , for a Use by Special Review for a custom feedlot containment operation (4, 000 head of cattle) on the following described real estate, to-wit: Part of the SW4 , Section 6 , Township 7 North, Range 65 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 request 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 the application 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 intent of the Weld County Comprehensive Plan. The Comprehensive Plan encourages the development of agribusiness and agriculturally oriented industry provided these enterprises do not adversely affect the local economy or environment. /.:' / 860699 Page 2 RE: US-R - STUEHM b. The proposed use is an agricultural activity and site, therefore, consistent with the intent of the agricultural district. c. The uses permitted will be compatible with the existing surrounding land uses and with future development of the surrounding areas as permitted by the Agricultural Zone District. d. The Town of Ault ' s Planning Commission reviewed this request and has no objections. e . No overlay districts affect the site. f. Use by Special Review Development Standards will provide adequate protection of the health, safety and welfare of the neighborhood and County. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the application for a Use by Special Review for a custom feedlot containment operation (4 , 000 head of cattle) on the hereinabove described parcel of land be, and hereby is , granted subject to the following conditions: 1 . The attached Development Standards for the Use by Special Review permit be adopted and placed on the Use by Special Review plat prior to recording the plat. 2 . Additional building or electrical permits shall not be issued on the property until the Use by Special Review plat has been delivered to the Department of Planning Services Office and the plat is ready to be recorded in the office of the Weld County Clerk and Recorder. 3. Within thirty days of approval by the Board of County Commissioners the applicant/operator shall submit to the Colorado Department of -Health, Water Quality Control Division, an engineering report demonstrating compliance with its Guidelines for Design of Feedlot Runoff Containment Facilities . The report shall conform to the requirements of Section 8 . 3. 4 of the Colorado Department of Health, Water Quality Control Commission' s Guidelines for Design of Feedlot Runoff Containment Facilities . The applicant/operator shall submit evidence of approval by the Colorado Department of Health, Water Quality Control Division, to the Department of Planning Services within 120 days of final approval by the Board of County Commissioners . 860699 Page 3 RE: USR - STUEHM 4. Prior to recording the plat the applicant/operator shall submit a revised mylar plat which reflects all easements associated with the engineered feedlot runoff system, and all uses and buildings existing and proposed on the site. 5. All right—of-way easements pertaining to the feedlot runoff containment system shall be incorporated into a deed and recorded in the office of the Weld County Clerk and Recorder. Evidence of recording shall be submitted to the Department of Planning Services prior to recording the Use by Special Review Plat. The above and foregoing Resolution was, on motion duly made and seconded , adopted by the following vote on the 30th day of July, A.D. , L986 . Q�A_ BOARD OF COUNTY COMMISSIONERS ATTEST; 7 1/wnerry WELD COUNTY, COLORADO Weld County Clerk and Recorder EXCUSED DATE 9F SIGNING - AYE and Clerk to the Board Jacquel nt . : nso e Chairman / / j O 13Y; 2 ..Y/�.-�--�c ! J G.`�.,�-.,,,.'-a S , Ste.-Tem D puty County C ark APPRO ED AS TO FORM: Gene R. Bran ner EXCUSED C.W. y /lti/grv' Cre< County Attorney yFranc 860699 DEVELOPMENT STANDARDS Dennis E. and Billie L. Stuehm USR-744 : 86 : 26 1 . The Use by Special Review permit is for a livestock containment operation for cattle as submitted in the application materials on file in the Department of Planning Services and subject to the Development Standards stated herein. The maximum number of cattle permitted shall be four thousand head. 2. The applicant shall be responsible for implementing and mainta-ining the feedlot runoff containment system in accordance with the concepts set out in option #3 O± the engineered report as prepared by Carlson Enterprises . All waste retention facilities shall meet and be maintained in accordance with the State Health Department' s Guidelines for Design of Feedlot Runoff Conta-inment Facil-ities . The applicant shall be responsible for any additional requirements issued by the Colorado Department of Health, Water Quality Control Division. 3. The boundary between the feedlot and the farmland shall be built up at least one foot or an adequate channel built, so that irrigation and storm runoff from the cropland cannot run into the feedlot area , as recommended by the West Greeley Soil Conservation Service. 4 . All construction done on the property shall be in accordance with the requirements of the Weld County Building Cone Ordinance. 5 . The property owner or operator shall be responsible for complying with the Design Standards of Section 24. 5 of the Weld County Zoning Ordinance. 5 . The property owner or operator shall be responsible for complying with the Operation Standards of Section 24 . 6 of the Weld County Zoning Ordinance. 7 . Personnel from the Weld County Health Department and Weld County Department of Planning Services shall be granted access onto the property at any reasonable time in order to insure the activities carried out on the property comply with the Development Standards stated herein and all applicable Weld County Regulations. 860699 Page 2 DEVELOPMENT STANDARDS - STUEEM 8. The Use by Special Review area shall be limited to the plans shown herein and governed by the foregoing Standards and all applicable Weld County Regulations. Any material deviations from the plans or Standards as shown or stated 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 or Standards are permitted. Any other changes shall be filed in the office of the Department of Planning Services. 9 . The property owner or operator shall be responsible for complying with all of the foregoing Standards. Noncompliance with any of the foregoing Standards may be reason for revocation of the Permit by the Board of County Commissioners. 860699 HEARING CERTIFICATION DOCKET NO. 86-48 RE: USE BY SPECIAL REVIEW FOR A CUSTOM FEEDLOT CONTAINMENT OPERATION (4,000 HEAD OF CATTLE) - DENNIS E. AND BILLIE L. STUEHM A public hearing was conducted on July 30, 1986, at 2:00 P.M. , with the following present: Commissioner Jacqueline Johnson, Chairman Commissioner Gordon E. Lacy, Pro-Tem Commissioner Gene Brantner Commissioner C.W. Kirby - Excused Commissioner Frank Yamaguchi Also present: Acting Clerk to the Board, Mary Reiff Assistant County Attorney, Lee D. Morrison Planning Department representative, Debbie de Besche The following business was transacted: I hereby certify that pursuant to a notice dated July 14, 1986, and duly published July 17, 1986, in the Johnstown Breeze, a public hearing was conducted to consider the application of Dennis E. and Billie L. Stuehm for a Use by Special Review for a custom feedlot containment operation (4,000 head of cattle) . Lee Morrison, Assistant County Attorney, made this matter of record. Debbie de Besche, representing the Planning Department, read the favorable recommendation of the Planning Commission -into the record. She said this recommendation is based upon five Conditions and nine Development Standards. She also stated that an engineering report has been submitted listing three alternatives for compliance -with Colorado State Health Department regulations; however, at this time, the facility is not in compliance. Because the facility is not currently in compliance, she said the Planning staff recommends that Conditions 3, 4 and 5 and Development Standard 2 be amended, and she read the proposed Conditions and Development Standard into the record. Pat McNear, of Scott Realty, came forward to represent the applicants. Discussion centered around the runoff containment system for the facility. Mr. McNear said the applicant-s will probably use a modification of Alternate #3 of the engineering report. It was the concensus of the Board that the proposed Development Standard #2 should be amended to state, "The applicant shall be responsible for implementing and maintaining the feedlot runoff containment system in accordance with the concepts set out in option #3 of the engineered report, as prepared by Carlson Enterprises. . ." No public comment was received concerning this request. Commissioner Lacy moved to approve the Use by Special Review for a livestock containment operation, subject to the recommendations of the Planning Commission, the amended Conditions recommended by the Planning staff, and Development Standard #2 amended as discussed. The motion was seconded by Commissioner Brantner and carried unanimously. Page 2 RE: USA - STUEHM This Certification was approved on the 11th day of August, 1986. APPROVED: 0.4,,,,1/444.4.41,14,t;„ BOARD OF COUNTY COMMISSIONERS ATTEST: Q u WELD COUNTY, COLORADO Weld County Clerk and Recorder • and Clerk to the Board Jacque a J. •- on rman 133"`— De uty County Clerk G. ,n P 'st , Gene R. Brantner EXCUSED C.W.the- , Kirby TAPE #86-57 DOCKET #86-48 PL0063 860696 ATTENDANCE RECORD TODAY ' S HEARINGS ARE AS FOLLOWS : JULY 30, 1986 DOCKET # 86-48 -USR-CUSTOM FEEDLOT CONTAINMENT OPERATION - DENNIS E. & BILLIE L. STUEHM DOCKET # DOCKET # PLEASE write or print legibly your nam" address and the %OC 4 (as Listed above) or the applicants name of the hearing you are attending. NAME ADDRESS HEARING ATTENDING USR-744:86:27 Amended Conditions 3. Within 30 days of final approval by the Board of County Commissioners the applicant/operator shall submit to the Colorado Department of Health, Water Quality Control Division, an engineering report demonstrating compliance with its Guidelines for Design of Feedlot Runoff Containment Facilities. The report shall conform to the requirements -of Section 8.3.4 of the Colorado Department of Health Water Quality Control Commission's Guidelines for Design of Feedlot Runoff Containment Facilities. The applicant/operator shall submit evidence of approval by the Colorado Department of Health, Water Quality Control Division, to the Department of Planning Services within 120 days of final approval by the Board of County Commissioners. 4. Prior to recording the plat the applicant/operator shall submit a revised mylar plat which reflects all easements associated with the engineered feedlot runoff containment system, and all uses and buildings existing and proposed on the site. 5. All right-of-way easements pertaining to the feedlot runoff containment system shall be incorporated into a deed and recorded in the office of the Weld County Clerk and Recorder. Evidence of recording shall be submitted to the Department of Planning Services prior to recording the Use by Special Review Plat. Amended Development Standard #2 2. The applicant shall be responsible for implementing and maintaining the feedlot runoff containment system in accordance with the engineered report, as prepared by Carlson Enterprises. All waste retention facilities shall meet and be maintained in accordance with the State Health Department's Guidelines for Deisgn of Feedlot Runoff Containment Facilities. The applicant shall be responsible for any additional requirements issued by the Colorado Department of Health, Water Quality Control Division. E - Office:303•352• 0160 -  Answering Service: ARLSON NTERPRISES ERPRISES 16696 W.C.R. 70 Greeley, Colorado 80631 July 29, 1986 Mr. Dennis Stuehm 0 18027 W.C.R. 84 Ault, Colorado 80610 JJL 2J1986Li Subject: Use by Special Review Engineering Report Weld Co. Planning Commission Dear Mr. Stuehm: Enclosed herewith is the Engineering Report for your feedlot runoff containment system. I, along with Dick Leffler, have attempted to provide you and Weld County officials sufficient information to meet with county approval . We have evaluated several options available to you and have briefly summarized three of them. Our recommendation is to utilize the embankment berm concept. This report has been prepared in accordance with all appli- cable State of Colorado standards and guidelines with regard to surface and groundwater quality protection. At such time you are prepared to schedule construction, we will be happy to provide all the final engineering details and designs, along with cost estimates. This report and any future work on this project has been and will be prepared by a Professional Engineer registered in the State of Colorado. Sii/ncerely, to C. Cielp 7. Don Carlson, P .E. `c:)• ,Y _9F0 O`! * 015936 w >�_ a N•4:?-w,.. 2• • s a • o - yT�,OFNCI Ot`O�P\\\\ • ENGINEERING REPORT RUNOFF CONTAINMENT FACILITIES FOR DENNIS STUEHM FEEDLOT SECTION 1 INTRODUCTION The purpose of this project and report is to evaluate various options for controlling feedlot runoff from the Dennis Stuehm Feedlot operation northeast of Ault, Colorado . This report has been prepared in accordance withthe Colorado Department of Health, Water Quality Control Commission "Guidelines for the Design of Feedlot Runoff Containment Facilities, " May 1978 . The feedlot is located approximately one mile east and one mile north of Ault, Colorado, northeast of the intersection of Weld County Roads 37 and 84 . (Figure 1) The farming operation is located on the SE Quarter, Section 6, with the farmstead and feedlot on the southeast corner of the section. Figure 2 describes the locations of cattle pens, farmstead area and farming operation. Also shown are elevations and distances. The feedlot and entire farm is situated on very flat land surface with the north-to-south slope less than 0. 4 percent and west-to-east slope less than 0 . 5 percent. Historically, the minor amounts of feedlot runoff occurring even from major rainfall events has flowed to the east along County Road 84 to an irrigation tailwater return pond situated at the lowest elevation of the farm. This tailwater is pumped back onto irrigated crop land by means of a highly efficient and well-engineered irrigation system. These return flows can be utilized to irrigate over 140 acres of farm ground . It is the intent of this project and report to design and recommend a runoff containment and control system which can be incorporated into the existing irrigation system and at the same time meet all Federal, State and local requirements . Oaa .4„ .\ \ V il ci ae.. 36 - 35 saa° .7- ---, _ 991 3�\ GOWNS I,. ` - O ooLL I \. • ln lj�. Q I I 9 \, 9 y N . .9M N, 5 •4 49W1 4980 • 2 < 5 _.. i Stage ��— 4 o t & t° I ea 2 ! 1• 9s . V 911 "941 � ._ 4965 (---- •, N . w ° I. 1939 - -: 9{I/ ---ii.. \F-149,18____>, II 1 N. \ 4950" Ifj�/„ \ V' D �5� it - I 11 q e..,.. .tiL_____ _._.1 498 7 93I 12 ri6WRE . .. III L. • -Mv-flth; + i Ault -- _3—inns 1,.......•ti;«M. ;..I ,9,_ A, High Jch "tif t i 1` `# I I- 14 . \ Lahr' I 4913 1 3 I 1 8 i I l ? I • • - ‘ I 0.-‘)/d)- I flab 9r ti n \V „t4I , � -I Elc,i. 6-leu. S/9S/' 9938 ,-,A-e, 0 C ------- — -- — j Sec L 7- 6S \ \ \ v \ 3(, Ac- j \ Cal+le_ e,PA Sq99 c.) 1 o \ \ I . 213°.--1--_ _______i_ ._ u t> szG' -<-27 _ _._� y9f// ' 7 lJcR 84 y9,Z8 # 1 l F/GC/gE 2 (O- 14- 8(0 SECTION 2 DESIGN REQUIREMENTS The following is a brief summary of the basic preliminary considerations involved in designing containment facilities for feedlots: 1 . The pen areas should be graded and/or operated in such a way to prevent storm waters from accum- ulating . 2 . Storm water runoff from areas surrounding the actual feedlot area should be diverted around the pens and feed area . 3 . Containment facilities should be designed with high priority given proper and efficient mainten- ance . 4 . The pens should also be cleaned on a periodic basis (once per year) . 5. Runoff containment facilities must be designed to retain all runoff from precipitation events less than the design storm, which is a 25-year, 24-hour event. 6 . Feedlots having an earthen base must contain just the runoff and not the actual precipitation volume. 7 . Containment of runoff does not require retention ponds . Other measures can be designed, such as dikes, terraces or other facilities . The following criteria describe in more specific detail the requirements for this facility: Precipitation and Runoff : 25-year, 24-hour precipitation event = 3 . 2 inches 3 . 2 inches precipitation = 2 . 26 inches runoff (SCS Curve 91) Area: Total farm area - 160 acres Farmstead and feedlot area = 19 . 59 acres Farmstead area = 3 . 11 acres Cattle pen area = 16 . 48 acres Contributing area to tailwater pond = 124 acres Runoff Volume: Cattle pen area = 2 . 26 inches x 16 . 48 acres = 3 . 1 acre-feet = 135, 198 cubic feet Farmstead and feedlot area = 2 . 26 inches x 19 . 59 acres = 3 . 7 acre-feet = 160, 712 cubic feet Contributing area to tailwater pond (Use CN = 91 for 19. 59 acres and CN = 80 for cropland - 104 acres) (2 . 26 inches x 19 . 59 acres) + (1 . 40 inches x 104 acres) = 15 . 8 acre-feet = 689, 700 cubic feet Sedimentation Volume: Allow 20 percent of total runoff volume for sediment capacity Cattle pen area = 1 . 2 x 3 . 1 - 3 . 72 acre-feet = 162, 043 cubic feet Tailwater pond area = 1. 2 x 15 . 8 = 18 . 96 acre-feet = 825 , 897 cubic feet Embankments and Dikes : Side slopes = 2 feet (horizontal) to 1 foot (vertical) Top width = 8 feet minimum Spillways should pass flows exceeding the design storm. Freeboard - 1 foot measured above invert of spillway Land Disposal: System capable of removing runoff waters within 15 days after storm . SECTION 3 ALTERNATIVES There are three basic alternative solutions to contain the feedlot runoff: 1 . Construct a single retention facility immedi- ately east of the southeast corner of the feed- lot area. 2 . Construct a long , narrow retention facility originating at the southeast corner of the feedlot area and extending eastward to the tailwater pond. 3 . Construct an embankment or dike along the south and east boundaries of the 160-acre farm and collect feedlot and cropland runoff . Alternate 1 - Retention Pond Requires 3 . 1 acre-feet capacity ( 135 , 200 cubic feet) Approximate dimensions: 50 feet wide 215 feet long 10 feet deep Note: Any combinations of dimensions resulting in 135, 200 cubic feet . This alternative would require an emergency spillway and pumping facilities. Includes 2 to 1 side slopes and one foot freeboard . Alternate 2 - Retention Channel Also would require 3 . 1 acre-feet capacity or 135, 200 cubic feet. Approximate dimensions : 1100 feet long 7 feet deep 10 feet bottom width 38 feet top width ( 2 to 1 side slopes trapizoidal ) This facility could be constructed with a manually operated outflow structure to the existing tailwater pond and not require pumping . Alternate 3 - Embankment System The required storage volume to contain runoff from the contributing cropland and the feedlot and farmstead area would be approximately 825 , 900 cubic feet. The containment area would be triangular in shape with the south and east embankment height dependent on the lengths of each. • V - A (a + b + c) 3 825, 900 c . f . = X2 ( 0 + 0 + 4 feet) 2 3 X - 1113 feet COMPARISON OF ALTERNATIVES : Alternate 1 - Retention Pond Volume = 135, 200 cubic feet = 5007 cubic yards Excavation cost estimate ( $5 . 00/c.y. ) = $25, 000 Alternate 2 - Retention Channel Same volume and excavation costs as retention pond but utilizes existing irrigation pump-back system. Alternate 3 - Embankment System Volume = 2, 679 cubic yards Excavation cost estimate ($5 . 00 c .y . ) = $13 , 400 This option can also utilize existing irrigation pump-back system. A/!firPale VO. 3 - p4 A cw A - IA De,o4A = p / ///3 B f 1 B V F -L A- B c SX/ 7/ny Tgi7cJa71e-r P Cross-- - A A eeym. /7 >o, /rt. atia,pre„.,( /6;,•2 4- 8 C rei/ftCtkt-c cwt.6i(60t.L rn NOT I C E 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, First Floor, 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. Should the applicant or any interested party desire the presence of a court reporter to make a record of the proceedings, in addition to the taped record which will be kept during the hearing, the Clerk to the Board's Office -can be contacted for a list of court reporters in the area. If a court reporter is obtained, the Clerk to the Board'-s Office shall be advised in writing of such action at least five days prior to the hearing. The cost of engaging a court reporter shall be borne by the requesting party. 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. APPLICANT DOCKET NO. 86-48 Dennis E. and Billie L. Stuehm 18027 Weld County Road S4 Ault, Colorado 80610 DATE: July 30, 1986 TIME: 2:00 P.M. REQUEST: Use by Special Review - Custom feedlot containment operation (4,000 head of cattle) LEGAL DESCRIPTION: Part of the SWi of Section 6, Township 7 North, Mange 65 West of the 6th P.M. , Weld County, Colorado BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO BY: MARY ANN FFUERSTEIN COUNTY CLERK AND RECORDER AND CLERK TO THE BOARD BY: Mary Reiff, Deputy DATED: July 14, 1986 PUBLISHED: July 17, 1986, in the Johnstown Breeze 4,vms,i AFFIDAVIT OF PUBLICATION NOTICE Pursuant to the zoning alaw nd the State of Cobiago andethe of THE JOHNSTOWN BREEZE W d County Zoning Ordinance STATE OF COLORADO 1 a Public-hearing will be held In the Chambers of the Booed of ) s5 County Commissioners bfWela COUNTY OF WELD 1 County, Colorado, Weld Count y Centennial Center, 915 10th I, Clyde Briggs, do solemnly swear that I Street, Flret Floor, Greeley, Colorado, at the time apep5led. am publisher of The Johnstown Breeze; All persona In any ,tanner that the same is a weekly newspaper interested in the Use bto !tacit printed, in whole or in part, and published Review are requested tq attend and may be hears in the County of Weld, State of Colorado, Should the applicant or -any and has a general circulation therein; that Interested party desire the Presence of a court reporter to said newspaper has been published make a record of the pro- continuously and uninterruptedly in said record-which willMbe k the taped the hearing, the Clerk p din,9 County of Weld for a period of more than Boards Office.can be Contacted fifty-two consecutive weeks prior to the for a list of court reporters lhthe first publication of the annexed legal notice obtained,the Clerk to the Eklarortery a newspaper Office shall be advised In wiltingOr advertisement; that said news )a has of such action at least five-da been admitted to the United States mails as prior to the hearing The cost of l second-class matter under the provisions of be°baomebyt erequeststngpaarrtty. the Act of March 3, 1879, or ally BE IT ALSO KNOWN that the amendments thereof, and that said taM and mapawcartgled bYthe newspaper is a weekly newspaper duly Commis- saloon County Planning examinetl n thin: efflce of the Clerk to thel?loerd qualified for_publishing legal notices and of County Commissioners, located advertisements within the meaning of the in the Weld Coun.ttvvr�rCentennial laws of the State of Colorado. Center, 915 th StrfBet'.Third That theannexed legal notice or advertise- DOCKET NO. lift-48 meet was published in the regular and APPLICANT entire issue of every number of said weekly DENNIS E. AND newspaper for the period of f consecu- 18027 Weld County Ro a 8o, , five insertions; and that the first Ault,.Colorado eoelo publication of said notice was in the issue of DATE: July 30, 1986 said newspaper dated ?-.L2. A.D. 1914 TIME: 2:00 P.M. and that the last publication of said notice REQUEST: Use by Special was in the issue of said newspaper dated Review - Custom feedlot-ccon- A.D. 19 tainment rattle operation (4,000 head of cattle) lq,witness whereof I have hereunto set my hand this 2Z day of ...� LEGAL DESCRIPTION: Part of A.D. 19. .G the SM,of Section 6 Township 7 North, Range 65 West of the 6th P.M, Weld County, Colorado BOARD OF COUNTY ��� s COMMISStO ¢ S /' WELD COIF' ! Publisher cowo0 ' cow • // BY: MARY ANN FEUERSTEIN . COUNTY-CLERK AND Subscribed and sworn to before me, a RECORDER AND CLERK TO THE BOARD Notary Public in and for the County of BY; Mary Reiff, Deputy Weld,nn State of Colorado, this „2.n.. day of DATED: July 14, 1986 e' A.D. 19.a:-.4.2. PUBLISHED: July 17, T986, in T _ � the Johnstown Breeze �. - //f/ �¢r, --_ notary Public. Myµfo r4TInist iEcSrurre.74o.1Sd] 2 Soeth Plcsh A,,,-..2:, _ lohrsicw n, BC." "i4 f' 7.',' a PROOF OF PUBLICATION The North Weld Herald NOTICE Pummel toEaton, Colorado 80615 unit mod b,the weld Clob 10�.r1,p1,the ule, - c.Y,dapit1rweaiORh a a pith ib rNod OR M Y M OY Nod of ableb ty wld calrada.. STATE OF COLORADO, ) , Culw +9ns it Oa'dr: County Of Weld ) SS. tprlB•i.NMar•aaYWr•tr•rYtr.a- tdrlrh the y 8p•dtlWYw re n9a•at- dY sated and intphatkoe - _Should the eppYrttt er any litarerted par- ty day,de:nessom ef t watt Alla"to sibebssimist d.rnawdlyt.YrrUs Y the taped retied whin Idll thin the hada&d r Clerk i le:S V Dont•Da /, an hecaaYeytihea Bath npRMn la I„ f.e IL k4 r ./` t 'the area B•emit nparter a•ItWaed,the J1 do solemnly swear that I am Lath to Seeeied's Oaks shall headvised //tCt 1 7 , of THE NORTH WELD HERALD; that the An wrlBah of earb+ lar y loot Ito days L ;j -peketo-the hearths. The can id cos ett same is a weekly newspaper printed, in whole or in part, and .nml•epoter she Orebro*bribe request- WI published in the County of Weld, State of Colorado, and has NE re Also KNOWN that ate text and *said Casty Plan- a general -circulation therein; and that said newspaper has ___toad isi y lokroolood to been published continuously and uninterruptedly in said aloof the Clerk to the Dined of County Coohe Weld County of Weld for a period of more than fifty-two con- cestoist ew,-9111-jecated alli mine,1d secutive weeks next prior to the first publication of the Hoer,aO°ley' "!de-pocterNo.ah+e annexed legal-notice or advertisement; that said newspaper APPLICANT ltesho has been admitted to the United States mails as second- De27WalddBaaload84 loon wadd 806 Beep e6 class matter under the provision of the Act of March 3, 1879 Adr.Caob381986 OATB=240 J.M. or any amendments thereof, and that said newspaper is a TIME:JdO P.M. weekly newspaper duly qualified for publishing legal REQUEST arbysr,r+•lB••1•w'a•� -feedlotarVNn.. •pera4w tool)held d noticesand advertisements within the meaning of the laws _oath LEGAL oBSG7lRnoN=Prt of th.sw%of of the State of Colorado. Satko6,Towasklp 1North,Row 65 West oft&618 raw.,well Cooly.Colorado BOARD OF COUNTY That the annexed legal notice or advertisement was COMMISSIONERS published in the regular and entire issue of everynu ber of fs MARY sr4r4 EUENSTDO said weekly-newspaper for theperiod of sYrMABY(ANFBOBe 1 L �1 CDUNTxCLLERK10 RECORDER AND CLERK man consecutive insertions; and that the first publication ofsaid sx=M.ry notice was in the i sue of said newspaper dated D -14'1 July 17, 1986 Y the Nerds ad tml-JJ n A.D., 1-9 fkZr, • and that the last publication of geld notice was in the issue of said publication dated .1L- l`f A.D., 19 , In witness whereof I h hereunVo _g__(-;,set my hand this N--k—, day of c--C A.D., 19 1(r a k b.CL. ` c,� C'`C I )<<-, 0 t.,__. Subscribed and sworn to before me, a notary public in and for the County of Weld, State-of Colorado, this %lt/i day of --Tut iiA.D., 1966. te_46aJ C 7P Yav Notary Public 223 FIRS -E/TOA;ec. My Commission Expires Oct. 21, 1987, r'7 DATE: July 14 , 1986 TO: The Board of County Commissioners Weld County, Colorado FROM: Clerk to the Board Office Commissioners: If you have no objections, we have tentatively set the following hearing for the 30th day of July, 1986 , at 2: 00 P.M. Docket No. 86-48 - Dennis E. and Billie L. Stuehm, USR-Custom feedlot containment operation (4 , 000 head of cattle) OFFICE OF THE CLE TO THE BOARD BY• `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 S Cry AA / d-,72:14 exisiih/7 D Summary of the Weld County Planning Commission Meeting July 1, 1986 Page 2 CASE NUMBER: USR-744:86:27 APPLICANT: Dennis E. and Billie L. Stuehm (continued from June 17, 1986) REQUEST: A Use by Special Review permit for a custom feedlot operation (4,000 head of cattle) LEGAL DESCRIPTION: Part of the SW} of Section 6, T7N, R65W of the 6th P.M. , Weld County, Colorado LOCATION: Approximately one mile northeast of Ault; -north of Weld County Road 84 and east of Weld County Road 37 APPEARANCE: Pat McNear, Scott Realty, represented the applicants. The property owners have been engaged in a feeding operation -since 1963. They are now requesting a Use by Special Review permit because the feedlot operation will be on a recorded exemption. The owners will retain the feedlot and homestead and sell the remainder of the land. Containment of the runoff from the feedlot will be handled through a forty foot right-of-way access to the sump and right-of-way will be recorded into the deed. Since the Steuhm's currently own both parcels, there will be no -problem with the right-of-way agreement. Tape 244 - Side 1 The Chairman asked Mr. McNear if he and the applicants had reviewed the recommendations, conditions, -and Development Standards as outlined by the Department of Planning Services staff. He stated they have and do not have any objections to them. The Chairman called for discussion from the members of the audience. There was none. The Chairman asked that reading of the recommendations, conditions, and Development Standards not be read into the record, and that they be filed -with the summary as a permanent record of these proceedings. MOTION: Louis Rademacher moved Case Number USR-744:86:27 for Dennis E. and Billie L. Stuehm for a Use by Special Review permit for a custom feedlot operation be forwarded to the Board of County Commissioners with the Planning Commission's recommendation for approval based upon the recommendations, conditions, and Development Standards as outlined by the Department of Planning Services staff and the testimony heard by the members of the Planning Commission. Motion seconded by Harlan Else. k rniB,T Summary of the Weld County Planning Commission Meeting July 1, 1986 Page 3 The Chairman called for discussion from the members of the Planning Commission. Discussion followed. The Chairman asked the secretary to poll the members of the Planning Commission for their decision. Harlan Else - yes; Doug Graff - yes; Louis Rademacher - yes; Paulette Weaver - yes; Jack Holman - yes. Motion carried unanimously. CASE NUMBER: Z-428:86:3 APPLICANT: Kenneth F. Lind (Pferd Hilmmel) REQUEST: Change of Zone from A (Agricultural) to PUD (Planned -Unit Development) LEGAL DESCRIPTION: Part of the $} SEi of Section '3, T6N, R67W of the 6ch P.M. , Weld County, Colorado LOCATION: Approximately 500 feet north of the Windsor City Limits; north of Weld County Road 70 and west of Weld County Road 19 APPEARANCE: Ken Lind, Attorney, represented the applicant, which is a trust. This request is for a Planned Unit Development. About two years ago, the corporation applied for and received a recorded exemption -dividing the original parcel. The parcel they wish to _develop contains approximately twenty-two acres. The owners want to divide the property into five lots. These will be residential horse lots with bridle paths and common open space. This property is approximately one-fourth mile from the town of Windsor. The town of Windsor has an ordinance that does not allow any properties within the city limits to have horses, etc. This is not an area that can be farmed. Property boundaries and surrounding land-uses -were reviewed. The covenants will state the ditch right-of-way cannot be used for bridle paths. _Studies by a registered engineer have shown the land is not -in a flood plain. Lee Morrison stated that the recorded exemption may also need to be amended and should appear as condition on the Planned Unit Development plat. MOTION: 4aulette Weaver moved a new Condition 4 be added to read as follows: 4. Recorded Exemption plat #755 shall be amended to show changes in property lines along the access easement and cul-de-sac between Lots A and B. BEFORE THE WELD COUNTY, COLORADO _PLANNING COMMISSION RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS Moved by Louis Rademacher that the following resolution be introduced for passage by the Weld County Planning Commission. Be it s Re lye,},„tzy pchg,,kigic,, County Planning Commission that the application for: m CASE NUMBER: USR-744:86:27 0 rl 1i� JUL 81986 NAME: Dennis E. and Billie L. Stuehm / ADDRESS: 18027 Weld County Road 84, Ault, CO 80610 UREEL.EY, C1ULf7. REQUEST: Use by Special Review for a custom feedlot containment operation, (4,000 head of cattle) LEGAL DESCRIPTION: Part of the SW} of Section 6, T7N, R65W of the 6th P.M. , Weld County, Colorado LOCATION Approximately one mile northeast of Ault; north of Weld County Road 84 and east of Weld County Road 37 be recommended favorable 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 Weld County Planning Commission that the applicant has -shown compliance with Section 24.3 of the Weld County Zoning Ordinance as follows: - The proposal is consistent with the intent of the Weld County Comprehensive Plan. The Comprehensive Plan encourages the development of agribusiness and agriculturally oriented industry provided these enterprises do not adversely affect the local economy or environment; - The proposed use is -an agricultural activity and site, 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 areas as permitted by the agricultural zone district; The Town of Ault's Planning Commission reviewed this request, and has mo objections; Exit ieir Dennis and Billie Stuehm July 1, 1986 Page 2 - No overlay districts affect the site. - Use by Special Review Development Standards will provide adequate protection of the health, safety and welfare of the neighborhood and County. This recommendation 3s based, in part, upon a review of the application submitted by the applicant, other relevant information regarding the _request and the responses of the referral entities which have reviewed this request. The Planning Commission's recommendation for approval is conditional upon the following: 1. The attached Development Standards for the Use by Special Review permit be adopted and placed on the Use by Special Review plat prior to recording the plat. 2. Additional building or electrical permit-s shall not be issued on the property until the Use by Special Review plat has been delivered to the Department of Planning Services' office and the plat is ready to be recorded in the office of the Weld County Clerk and Recorder. 3. Prior to the Board of County Commissioners hearing, the applicant/operator shall submit to the Department of Planning Services and the Colorado State Health Department, a report certified by a Professional Engineer, indicating that the design of the feedlot runoff containment facility is in compliance with the Colorado State Health Department regulations. 4. Prior to recording the plat the applicant/operator shall submit a revised mylar plat which reflects the -forty (40) foot right-of-way, along Weld County Road 84 to the existing sump, and all uses and buildings existing and proposed on the site. 5. The forty (40) foot right-of-way agreement pertaining to the sump shall be incorporated into the deed and recorded in the office of the Weld County Clerk and Recorder. Evidence of recording shall be submitted to the Department of Planning Services prior to recording the Use by Special Review Plat. f Dennis and Billie Stuehm July 1, 1986 Page 3 Motion seconded by Harlan Else. Vote: For Passage Against Passage Harlan Else Doug Graff Louis Rademacher Paulette Weaver Jack Holman 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 July 1, 1986, and recorded in Book No. X of the proceedings of the said Planning Commission. Dated the first day of July, 1986. 'ZJOL. QUOG� Bobbie Good Secretary DEVELOPMENT STANDARDS Dennis E. and Billie L. Stuehm USR-744:86:26 1 . The Use by Special Review permit is for a livestock containment operation for cattle as submitted in the application materials on file in the Department of Planning Services and subject to the Development Standards stated hereon. The maximum number of cattle permitted shall be four thousand (4,000) head. 2. All waste retention facilities shall meet and be maintained in accordance with the State Health Department's Guidelines for Design of Feedlot Runoff Containment Facilities. The applicant shall be responsible for any additional requirements issued by the Colorado Department of Health, Water Quality Control Division. 3. The boundary between the feedlot and the farmland shall be built up at least one (1) foot or an adequate channel built, so that irrigation and storm runoff from the cropland cannot run into the feedlot area, as recommended by the West Greeley Soil Conservation Service. 4. All Construction done on the property shall be in accordance with the requirements of the Weld County Building Code Ordinance. 5. The property owner or operator shall be responsible for complying with the Design Standards of Section 24.5 of the Weld County Zoning Ordinance. 6. The property owner or operator shall be responsible for complying with the Operation Standards of Section 24.b of the Weld County Zoning Ordinance. 7. Personnel from the Weld County Health Department and Weld County Department of Planning Services shall be granted access onto the property at any reasonable time in order to insure the activities carried out on the property comply with the Development Standards stated hereon and all applicable Weld County Regulations. 8. The Use by Special Review area shall be limited to the plans shown hereon and governed by the foregoing Standards and all applicable Weld County Regulations. Any material deviations from the plans or Standards as shown or stated 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 or Standards are permitted. Any other changes shall be filed in the office of the Department of Planning Services. 9. The property owner or operator shall be responsible for complying with all of the foregoing Standards. Noncompliance with any of the foregoing Standards may be reason for revocation of the Permit by the Board of County Commissioners. INVENTORY OF ITEMS SUBMITTED FOR CONSIDERATION Case Number u,3, 74' �R ,'�7 Submitted or Prepared Prior to Hearing At Hearing 1. Application (!J Pages [.---------' 2. Application plat(s) / page(s) '✓ I. DPS Referral Summary Sheet L.,/7-- 4. PPS Recommendation 5. DPS Surrounding Propery Owner Mailing List i/' '- 6. DPS Mineral Owners Mailing List 1.---""7- 7. 3 DPS Maps Prepared by Planning Technician , 8. DPS Notice of Hearing w 9. DPS Case Summary Sheet 10.. PPS Field Check v/ 1l. / 71-/W-Ij elate-CI6/3/16 fl i e- � 13„}adf f rt& Lo Aft o th bowl/ay 14' -'424‹.., I Cttel 9a3V i 7 rvy; F 1.4.C; ' Cam" 15. * 1p ! Fl , c -c. ` `-+.. 4-t&f (.,WA. ,e1,-/e..42,O C/'- .... 16. 17. 18. 19. 20. I hereby certify that the l ej items identified herein were submitted to the Department of Planning Services at or prior to the scheduled Planning Commission hearing. I further cert t t se items were orwarded to the Clerk to the Board's office on 7,/ /, 19 Current Planner STATE OF COLORADO ) ) COUNTY OF WELD ) SUBSCRIBED AND SWORN TO BEFORE ME THIS %- DAY OF 1 19%ip , SEAL \\ • NO ARY PUBLIC 1 &M/D/1 AC:.__.. i��Tcs Feb.13,1931 -„ MY COMMISSION EXPIRES A,7� / EXHIBIT INVENTORY CONTROL SHEET Case as, /l ijy , Exhibit Submitted By Exhibit Description ��lv A. ,�ti,�O/.f/"i,-Cf B. aP/IZUlt{� ��.e.e �e� �[.c 4,./vl�rimoiJr a i�c • C. Xl7/Jai/r!/i c �,2 On 91,i72Q2C1/jr// /71 D. � � cJ //, .e.4a� /1'/l QfLii/i1!nL( , F. G. H. I. J. R. L. M. N. 0. t:X, im FEEDLOT RUNOFF RETENTION FACILITIES FOR DENNIS STUEHM JULY 1986 In conformance with the Colorado Department of Health, Water Quality Control Commission "Guidelines for the Design of Feedlot Runoff Containment Facilities, " May 1978, an engineering report is currently being finalized. At a minimum, the report will include the following: (a) The location and direction of all residences, commercial developments and domestic water supplies or sources within 1/2 mile of the proposed facility. (b) Results of soil studies to determine surface and subsurface soil characteristics of the area proposed for location of the facility. (c) Direction of prevailing winds. (d) Acreage of pens and appurtenant areas. (e) Dimensions (feet) and capacities (acre-feet) of containment structures. (f) Design storm in inches per 24-hour period. (g) Acreage available for disposal of liquid and solid waste and location of the acreage. (h) A map of the drainage area and containment facilities drawn to a legible scale. (i) Projected seasonal high groundwater throughout the area of the retention facilities. This will generally occur in the spring of the year. RETENTION FACILITY DESIGN Design Criteria: 1. 25-year, 24-hour precipitation event - 3 .2 inches 2. Using SCS Curve Number 91 as per State guidelines, 3 . 2 inches rainfall - 2. 26 inches runoff Calculate Area: 1. Total feedlot area, including building and farmstead area - 19.59 acres 2. Buildings and farmstead area = 3.11 acres 3 . Therefore, cattle pen area = 16 .48 acres Calculate Volume of Runoff: 1. 2. 26 inches runoff over 16.48 acres 3 .10 acre-feet or 135,199 cubic feet 2. Allow additional 20 percent for sediment volume, or 1. 2 x 3 .10 - 3 .72 acre-feet or 162,238 cubic feet Summary: Several options are available which meet State of Colorado Guidelines and at the same time allow for operation flexibility and incorporation into the existing irrigation system. These options will be designed in a preliminary fashion, and construction costs will be determined for each. gr^ , , .., .. Date: July 1, 1986 CASE NUMBER: USR-744:86:27 NAME: Dennis E. and Billie L. Stuehm ADDRESS: 18027 Weld County Road 84, Ault, CO 80610 REQUEST: Use by Special Review for a custom feedlot containment operation, (4,000 head of cattle) LEGAL DESCRIPTION: Part of the SW} of Section 6, T7N, R65W of the 6th P.M. , Weld County, Colorado LOCATION Approximately one mile northeast of Ault; north of Weld County Road 84 and east of Weld County Road 37 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 of the Weld County Zoning Ordinance as follows: - The proposal is consistent with the intent of the Weld County Comprehensive Plan. The Comprehensive Plan encourages the development of agribusiness and agriculturally oriented industry provided these enterprises do not adversely affect the local economy or environment; - The proposed use is an agricultural activity and site, 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 areas as permitted by the agricultural zone district; - The Town of Ault's Planning Commission reviewed this request, and has no objections; - No overlay districts affect the site. - Use by Special Review Development Standards will provide adequate protection of the health, safety and welfare of the neighborhood and County. Dennis and Billie Stuehm July 1, 1986 Page 2 This recommendation is based, in part, upon a review of the application submitted by the applicant, other relevant information regarding the request and the responses of the referral entities which have reviewed this request. The Department of Planning Services staff recommendation for approval is conditional upon the -following: 1. The attached Development Standards for the Use by Special Review permit be adopted and placed on the Use by Special Review plat prior to recording the plat. 2. Additional building or electrical permits shall not be issued on the property until the Use by Special Review plat has been delivered to the Department of Planning Services' office and the plat is ready to be recorded in the office of the Weld County Clerk and Recorder. 3. Prior to the Board of County Commissioners hearing, the applicant/operator shall submit to the Department of Planning Services and the Colorado State Health Department, a report certified by a Professional Engineer, indicating that the design of the feedlot runoff containment facility is in compliance with the Colorado State Health Department regulations. 4. Prior to recording the plat the applicant/operator shall submit a revised mylar plat which reflects the forty (40) foot right-of-way, along Weld County Road 84 to the existing sump, and all uses and buildings existing and proposed on the site. 5. The forty (40) foot right-of-way agreement pertaining to the sump shall be incorporated into the deed and recorded in the office of the Weld County Clerk and Recorder. Evidence of recording shall be submitted to the Department of Planning Services prior to recording the Use by Special Review Plat. , '1% ThriTh DEVELOPMENT STANDARDS Dennis E. and Billie L. Stuehm USR-744:86:26 1. The Use by Special Review permit is for a livestock containment operation for cattle as submitted in the application materials on file in the Department of Planning Services and subject to the Development Standards stated hereon. The maximum number of cattle permitted shall be four thousand (4,000) head. 2. All waste retention facilities shall meet and be maintained in accordance with the State Health Department's Guidelines for Design of Feedlot Runoff Containment Facilities. The applicant shall be responsible for any additional requirements issued by the Colorado Department of Health, Water Quality Control Division. 3. The boundary between the feedlot and the farmland shall be built up at least one (1) foot or an adequate channel built, so that irrigation and storm runoff from the cropland cannot run into the feedlot area, as recommended by the West Greeley Soil Conservation Service. 4. All Construction done on the property shall be in accordance with the requirements of the Weld County Building Code Ordinance. 5. The property owner or operator shall be responsible for complying with the Design Standards of Section 24.5 of the Weld County Zoning Ordinance. 6. The property owner or operator shall be responsible for complying with the Operation Standards of Section 24.6 of the Weld County Zoning Ordinance. 7. Personnel from the Weld County Health Department and Weld County Department of Planning Services shall be granted access onto the property at any reasonable time in order to insure the activities carried out on the property comply with the Development Standards stated hereon and all applicable Weld County Regulations. 8. The Use by Special Review area shall be limited to the plans shown hereon and governed by the foregoing Standards and all applicable Weld County Regulations. Any material deviations from the plans or Standards as shown or stated 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 or Standards are permitted. Any other changes shall be filed in the office of the Department of Planning Services. 9. The property owner or operator shall be responsible for complying with all of the foregoing Standards. Noncompliance with any of the foregoing Standards may be reason for revocation of the Permit by the Board of County Commissioners. LAND-USE APPLICATION SUMMARY SHEET Date: June 24, 1986 CASE NUMBER: USR-744.:86:27 NAME: Dennis E. and Billie L. Stuehm ADDRESS: 18027 Weld County Road 84 REQUEST: Use by Special Review Permit for a custom feedlot operation (4,000 head of cattle) . LEGAL DESCRIPTION: Part SWi of Section 6, T7N, R65W of the 6th P.M. , Weld County, Colorado. LOCATION: Approximately 1 mile northeast of Ault, north of Weld County Road 84, and east of Weld County Road 37. SIZE OF PARCEL: 19 acres 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. This request was continued to the July 1, 1986 Planning Commission meeting to allow the applicant time to submit additional information to respond to and resolve the concerns of referral agencies. The Department of Planning Services has received responses from the State Engineer, Division of Water Resources, and the West Greeley Soil Conservation. Copies have been included in this Land-Use Summary. RICHARD D_ LA MM i... T,F'r � Governor iO) JERIS A. DANIELSON * State Engineer /876 OFFICE OF THE STATE ENGINEER DIVISION OF WATER RESOURCES 1313 Sherman Street-Room 818 Denver, Colorado 80203 (303) 866-3581 June 17, 1986 Ms. Debbie DeBesche Weld County Department of Planning Services 915 10th Street Greeley, CO 80631 RE; Stuehm USR-744:86:27 SWt, Sec. 6, T7N, R65W Dear Ms. DeBesche: We have reviewed the above referenced proposal to divide 19 acres from a 640 acre parcel. The 19 acre tract will be used as a residence and a feeding operation for 4000 head of cattle. A letter of commitment for water service by North Weld County Water District was enclosed. As long as no tributary wells are being used to supply the commercial operation, and no new wells are being sought we have no objection to this proposal. Sincerely, /LP has- Hal D. Simpson Deputy State Engineer HDS/JCM:cic cc: Alan Berryman, Division Engineer Steve Lautenschlager i 'lr c 115'-' �1 P(s!d ^n. PIsm,^,em r _''• ITED STATES Soil :;ZPA{t' tTi'A=NT OF Conservation 4302 W. 3tl-, t . �1'i TUi�F . •i�l 1.� _ _ Sla►•t/ il? Greeley , CC.CC. :LFr J"1�n^ _ _ it".a;Itj�,�1:::-- .,7 �l I! '!;.! L. ... 1Qzoc- ---.) / _ =r Coll '_ _e r „a t i o n n, a t r ` 'lEl� Lt rt3$Ii+ii✓ t;,;,zirr , ' eld -c'1;9ty Case .:umber : .;- z ', . 0_ . ,' Mr . Ss.. '•c3r trier . tt ie..1r•-1 ' i reviewed L "? Weld County referral 7Yo'::i ;:a„ei5 7 . - =r't - l - i ;, _ . :.IE'�1T�1 _ u L . St _ custom feedlot operation r _ - i •j . .1t '_ReYJti _ � part v.? iI'3 , S-'1=till^ 77N , 5S7',i � y '. 7-his location ion is appro',r3tel ir.i le northeast r_. �� .. i kult , n'-'Y * '-{ 1-f Weld _:cunt `{L 3'? 94 . and east of e .d County ,1='c '{1 _ J 1 he . po l icat i on ` 5 to eer.1erate l q acvec. of .' es ide_nce and f:.rl l .- fro,-,! • nr:l 1_r ec o fcropland� whichj p?' lng 7!.t'' -h- c - 'e to 7 e?se the 145farmland i es of and continue .t o operate the e el_ 1 _.t at the re . ence area , However , fro?•. the field revie . , t evident ems need-Isa7 sP\/er.� i Items Pte• to b= corrected to allow each caY+__ l to be '7Perata ac, SePerat5 artit ; ac . The roadway along the northeast aide of the feedlot ho d he built_ Up a : ' east 1 foot or 1n adeeauate channel nu l•. . t -. 'vPacia _t _o 3 . it r i ' ?t•icri enc storm runoff car ' t un " _ t '.i feedlot area from thee ao jac3nt cropland e ' . . �7 2 A run=runof containment facility :,,- i l need to be cc .lr . :.j 7o tns southesst _or-ner Y.+ the feedSot area ad ; acent the :c:_:l* `' roadway t = ?rodent storm ! ater runoff from the 7edlot tr =. enterina Count1'' road borrow area and into a the adjacent t, o''^,:PF+1•'11" , Fr .5? 't runoff f; on the feedlot enters the county ' .:.G 'tir •?'y it :h . flows eastward into an .' 1' 3atior t.eil ,_1- -i'13ter rtrpr i••p ' i here it is pumped .o the head of the i eld for tr - igtln u7 , Without r- i s 1 r r i c at 1 o?n 1.a1:4t er reef c i inn system he i •.a = part o . the pr r '_ !J f one can ' t count on the .>np n . ii ho y to accept the feedlot runoff , t f e _ _nt3 : nment facility is installed ' n the feedlot area , then there will have to be some arranaei'ier, made .whereby collected .'i3ter 131 cal be pumped or Sc'r • way '_i=°-'t'1 r !' lscraroec_ on adjecert lands under 3 mutual agreement or easement a .- ho aF, e to e'mot1' the Pit between storm periods . 1/'"'''', .-.. • —h ntor concern n with th , s requPst i .. z n9� - r cr 7rcl i7 s e _ • .B . ..d to :o 7b1 - t _ f{. n c t . o n l `1 o N r e I d 1!t . 1 -..D1. : . 3C . _ n n ano in _ a event t�.lt Mr . Stu.?n,;t doesn ' t .Jr won ' t - - - _ . the oper3tc•r .th fnr„t13nd portion _ - recommend ire Ci ..trirt .address thi - ra nY en ; ionf 3r:rvu ^,-'r rant_ . . . _ ice.. . or.1 d 0. Mi ? l.?r District C.u^=erv•Stirnist ire i _ r - ; a . :1 LOT ; r._ • • % •,."r7 Date: _Tune 17, 1986 CASE NUMBER: -USR-744:86:27 NAME: Dennis E. and Bi17ie L. Stuchm ADDRESS: 18027 Weld County Road 84, Ault, Colorado 80610 REQUEST: A Use by Special Review permit for a custom feedlot (4,000 head of cattle) . LEGAL DESCRIPTION: Part of the SW} of Section 6, T7N, R65W of the 6th P.M. , Weld County, Colorado LOCATION: _Approximately 1 mile northeast of Ault, north of Weld County Road 84, and east of Weld County Road 37. THE DEPARTMENT OF PLANNING SERVICES STAFF RECOMMENDS THAT THIS REQUEST BE CONTINUED FOR THE FOLLOWING REASONS: To allow the applicant time to submit additional information to respond to and resolve the concerns of the following referral agencies: - Weld County -Health Department - West Greeley Soil Conservation District The applicant and staff request that this application be continued to the July 1, 1986, Planning Commission Meeting. LAND-USE APPLICATION SUMMARY SHEET Date: June 10, 1986 CASE NUMBER: USR-744,:86:27 NAME: Dennis E. and Billie L. Stuehm ADDRESS: 18027 Weld County Road 84 REQUEST: Use by Special Review Permit for a custom feedlot operation (4,000 head of cattle) . LEGAL DESCRIPTION: Part SW-} of Section 6, T7N, R65W of the 6th P.M. , Weld County, Colorado. LOCATION: Approximately 1 mile northeast of Ault, north of Weld County Road 84, and east of Weld County Road 37. SIZE OF PARCEL: 19 acres 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 applicant wishes to sell 145 acres of their farm, and retain 19 acres on which the feedlot operation is existing. The applicant is required to obtain a approval of a Use by Special Review Permit to continue the feedlot operation on 19 acres of land. Nineteen acres allows for 19 animal units or 76 head of cattle. The applicant is requesting 4,0130 head of cattle. A Recorded Exemption application has not been submitted at this time. The Department of Planning Services Staff has received a specific recommendation from the Weld County Health Department. • A copy has teen included in this land use summary. The Department of Planning Services has not received referrals from the following - State Engineer Division of Water Resources - Ault Fire District - West Greeley Soil Conservation - Spring Creek c/o Water Supply and Storage The staff has not received any objections to this proposal. FIELD CHECK FILING NUMBER: USR-744:86:27 DATE OF INSPECTION: June 5, 1986 NAME: Dennis E. Stuehm REQUEST: A Use by Special Review permit for a custom feedlot LEGAL DESCRIPTION: Part of the SW} of Section 6, T7N, R65W of the 6th P.M. , Weld County, Colorado. LOCATION: Approximately one mile northeast of Ault; north of Weld County Road 84 and east of Weld County Road 37 LAND USE: N Cultivated farmland E Cultivated farmland S Weld County Road 84, cultivated f-armland W Weld County Road 37, cultivated farmland, residence ZONING: N Agricultural E Agricultural S Agricultural W Agricultural COMMENTS: Access to the property is from Weld County Road 84 which is a gravel surfaced road. There are 2 residences within one-fourth mile of the site. There are cattle in about half of the corrals. BY: £44 . Debbie deBesche Current Planner • F • I -- �` \ x G • Ir ° F P F _ TM c � �q .r .. � - -. Y 20 x ,•29 ` �� I! l\•_77 Mfg f E Ida xJ • k.---3/ 9 s1Tft'tH+:: x• ¢i I3341_2(÷7 ti I Et I • 4. Is ' I , Si • 1 I° L' : , .v •) r • /1 1 / • 7\ "7 I 12 • • Ii In al •i� ° . ' • ° N` • IN` LI Fes: 01 ° :' _r �.3 \11 x�lj /a n iG n i. 477• ° • 1 rI z •° \x� .3. °.° v ue3 �V "— - • :!7z. RE� z: e3 —..-..we._a°. S .°a • z d zz z z. ° o xz rriT�� . °' '• , ,,,g r - u 3° z9 Na •x° ° a ° a 7Ja " ° n ze z>3A _ a A° °Y pg, • .. x.•4 •4? •• vl ..xa°°• RAILWAY •ac C.A. ] n wi 34 r�v —°� F'o2.° SI.° • z • • \J li. ....•o ..� • yr 4 `� ..... J•. '].a °F ... ° p °�----,o- el ` earou pp pp p 1�/ ]) z .Fa np 4 _.F °, f ��.. 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' y y` 1 kk 3 -:%q'#.,+44. 44.4 •4= S i x ate".£'" ity}- } ## e, �i i � 1 fi' • .t n•, t J.•§,V e 447„`W -yi`f. t?'- t.:... m¥{ ' 'i r` v`�'f an 2, sy` z.+r,`avr r. / Y n�}may,xja r px.?' -71`,./. 4^,‘.5.4; t,;a a ):,..:_, :..... ...,..:,-,±107$00-,. `� x b" ,*j 1 r `.. k t i fp•s ' K/y,e , p' ,,.. } prM use y,l-• 4x zi.+ . .d` ..,wry. .r . 'r5 'm,ik S y ,i � •: ; y ' a 9� f rid 4 . t tti‘44. VL $ ..• _ i111yTr' i f i *N 3::1:34 ',MN,' :"' 1, ,r _ . I z. ". C s.'Fca' h3,. `` \ ll REFERRAL LIST APPLICANT: Billie L. and Dennis E. Stuehm CASE NUMBER: USR-744:86:27 SENT REFERRALS OUT: REFERRALS TO BE RECEIVED BY: June 9, 1986 NO SR NR NO SR NR County Attorney X Weld County Health Dept. VX Engineering Department X County Extension Agent Office of Emergency Mngmt X State Engineer Division of Water Resources 1313 Sherman St. , Room 818 Denver, CO 80203 X Town of Ault Betty Lohen 201 1st Street Ault, CO 80610 X Lydia Dunbar Planning Commission Member Box 8, Road 89 Grover, CO 80729 X Ault Fire District Larry C. Clary Box 36 Ault, CO 80610 X West Greeley Soil Conservation 4302 9th Street Road Greeley, CO 80634 X Spring Creek c/o Water Supply and Storage 2319 East Mulberry P.O. Box 1584 Fort Collins, CO 80521 NO=No Objection SR=Specific Recommendations NR=No Response '% " (r . E� , h RA To Planning Date June 3, 1986 COLORADO From Wes Potter, Health Protection Services —t1 Subject: Case Number: USR 744:86:27 Applicant shall demonstrate that the facility is in compliance with the Guidlines for design of feedlot runoff containment facilities as per 25-8-205 (1)(b)&(c). By Direction of: Ralph R. Wooley, M.D. Director WP/cs L r‘I, r.i :,i i72 1986 __Ads Weld Co. Plannine rnnmissiai „,.., ._/ . _%/. /L./i _,, ._,__ rj DEPAR 1ENT OF PLANNING SERVICES PHONE(303)356-4003 EXT.4400 _ 915 10th STREET t AtIal - GREELEY, COLORADO 90631 ,.. ..L-,-: 1 . ,, , 7 ® O • COLORADO CASE NUMBER USR-744:86:27 May 21, 1986 TO WHOM IT MAY CONCERN: Enclosed is an application from Dennis E. Stuehm and Billie L. Stuehm for a Custom Feedlot Operation. The parcel of land is described as Part SW} , Section 6, T7N, R65W of the 6th P.M. , Weld County, Colorado. The location of the parcel of land for which this application has been submitted is approximately 1 mile northeast of Ault, north of Weld County Road 84, and east of Weld County road 37. This application is submitted to your office for review and recommendations. Any comments or recommendations you consider relevant to this request would be appreciated. Your prompt reply will help to facilitate the processing of the proposal and will ensure prompt consideration of your recommendations. If a response from your office is not received within fourteen (14) days of mailing from our office, it may be interpreted to mean approval by your office. If you are unable to respond within the fourteen (14) days (but wish to do so at a later date) please notify our office to that effect. Check the appropriate boxes below and return to our address listed above. Please reply by June 9, 1986, so that we may give full consideration to your recommendation. Thank you very much for your help and cooperation in this matter. 1. / We have reviewed the proposal and find no conflicts with our interests. 2. A formal recommendation is under consideration and will be ubmitted prior to 3. Please refer to the enclosed 1 tter. • Signed. ency / i4Ire J)ate: S —Z9'—SG • De bieDe bie deBesche fl C71Current Planner • "���. i y`,y J I\ I !' 1986 weld Co. Plapninq Commission y` • U DEPAR' ENT OF PLANNING SERVICES srir %1 �- PHONE(303)356.4000 EXT.4400 915 10th STREET P t air). GREELEY,COLORADO 80631 3 C �1 • COLORADO NOTICE OF PUBLIC HEARING The Weld County Planning Commission will conduct a public hearing on June 17, - 1986, at 1:30 p.m. to review a request for approval of a Use by Special Review permit for a custom feedlot operation from Billie L. and Deniis E. Striehm on a parcel of land described as Part SW} , Section 6, T7N, R65W of the_6th P.M. , :Weld County, Colorado, containing 19 -acres, more or less. The property is located approximately 1 mile- northeast of Ault, north of Weld County-Road -84,. and east of Weld County 37. -. The .public be=-held .by -the-Weld County Planning Commission for the consideration of-.the above referenced request will be conducted in the Weld County Commissioners' Hearing Room, First Floor, Weld County Centennial Center, 915 'Tenth .Street,_ Greeley, -Colorado. Comments or -objections related to-the _above request should be submitted in -writing to, the Weld County Department. of . Planning Services, 915 Tenth Street-, Room.. 342, Greeley, Colorado - : -80631, before-the above date or presented at the -public hearing on June 17, 1986= . . Copies. . of :the _application- are available- for . public- :inspection in the Department. of- Planning: Services, Room_ 342, Weld- County Centennial Center, 915 Tenth Street, Greeley, Colorado, - Phone - 356-4000, Extension 4400. Jack Holman, Chairmatr Weld County Planning Commission To be published -in the Johnstown Breeze To be published one (1)._tiwe-by May 29, _1986_ Received by:Q(7 Date: v 7,7/n � l MAILING LIST Dennis E. and Billie L. Stuehm USR-744:86:27 Wolf Farms Route 1 Box 189 Ault, Colorado 80610 Stark 165 Adriel Drive Fort Collins, Colorado 80524 Widmaier P.O. Box 475 Ault, Colorado 80610 C MINERAL OWNERS Dennis E. and Billie L. Stuehm USR-744:86:27 Anders W. and Frances J. Anderson 313 Governors Blvd Billings, Montana 59005 USE BY SP-ECIAL REVIEW APPLICATION Department of Planning Services, 915 Tenth Street, Greeley, Colorado 80631 Phone - 356-4000 - Ext. 4400 Case Number Date Received Application Checked by Mylar plat submitted Application Fee Receipt Number Recording Fee _ Receipt Number TO BE COMPLETED BY APPLICANT: (please print or type, except for necessary signature) I (we) , the undersigned, hereby request a hearing before the Weld County Planning Commission and Weld County Board -of County Commissioners concerning the proposed Use by Special Review Permit on the following described unincorporated area of Weld County, Colorado: LEGAL DESCRIPTION OF SPECIAL REVIEW PERMIT AREA: SW COrner Section 6 T 7 N, R 65 W LEGAL DESCRIPTION of contiguous property owned upon which Special Review Permit is proposed: CW y, Section 6 T 7 N, R 65 W Property Address (if available) 18027 t- R 84. Ault CO PRESENT ZONE Agriniltin _ OVERLAY ZONES hilt TOTAL ACREAGE _ 19 arras PROPOSED LAND USE fiistnn Faailnt n0aratinn EXISTING LAND USE Custom Faailnt niPration SURFACE FEE (PROPERTY OWNERS) 01 AREA PROPOSED FOR THE USE BY SPECIAL REVIEW PERMIT: Name: -Dennis E. Stuehm & Billie L. Stuetm Address: 18027 WCR 84 City Ault Zip80610 Home Telephone # 834-2388 Business Telephone 1I Sane Name: Address: City Zip Home Telephone II Business Telephone 11 APPLICANT OR AUTHORIZED AGENT (if different than above) : Name: Address : City Zip Home Telephone II Business Telephone II List the owner(s) and/or lessees of mineral rights on or under the subject properties of record. Name: Dennis E. Stnehm & Rillia I Stinhn Address: 18027 WCR 84 City 4ilt Zip P11(iin Name: Alders W. Anderson & Frances 3 Axlercnn Address: 313 Governors Blvd City Billings MontAna Zip Sponc I hereby depose and state under the penalties of perjury that all statements, proposals and/or plans submitted with or contained within the application are true and correct to the best of my knowledge. COUNTY OF WELD ) I STATE OF COLORADO ) 1 - rp-{ � yL4.L' f ( Signature: Owner or Authorized Agent Subscribed and sworn to before me this leo— day of p,,, 197, . r NOTARY PUBLIC r, a My commission expires May 5, 1986 Weld County Department of Planning Services 915 —10th Street Greeley, CO 80631 Gentlemen: We currently own the Southwest Quarter of Section 6, Township 7 North, Range 65 West. Also we reside and operate a 4000 head commercial cattle feeding operation, as well as produce crops on the irrigated farmland there. -We have contracted to sell the farmland portion of this parcel, approximately 145 acres which we will lease back and continue crop production. At this time we wish to sever this parcel to create the 145 acre farmland parcel and 19 acres more or less which we will operate as our residence and a feeding operation, no differently from the manner in which we operated in the past. As stated, we will be leasing the farmland, so there should be no change in our overall farming operation. The surrounding properties are all used for agricultural crop production. The nearest residential structure is at least 1200 feet to the 'west. All other directions are a half mile or more. This proposal is consistent with: 1) the comprehensive plan of the County 2) the intent of the District in which it is located 3) the existing surrounding land uses and it allows us to be more diversified in our operation and still allow a local market for crops raised in the area. The subject property is not located in a flood plain, and to the best of our knowledge, only the Ault Overlay district. Sincerely, Dennis E. Stuehm .S. ���� Billie L. Stuehm .�'� �.(r .p:"'" —(7:..... '; BOARD OF ERN EST DIRECTORS ;y„ NORTH WELD COUNTY WATER DISTRICT ALEX HEIDENREICH ROBERT ALKIRE /IM M` GARY SIMPSON 2 i i � HIGHWAY 85 LUCERNE,COLORADO 80648 W.M.McKAY 1',y�r!�1 LYLE NELSON,MGR. -may P.O.BOX 56 - PHONE 356.3020 • May 5 , 1986 2E: Water Service - Dennis S,.tuhem ,Dear Sirs, This letter -is in response to your inquiry regarding water service to the following described property : • SW+ Sec 6-7-65 X 1• Water service is presently being provided to the above described property. X 2. Water service c-an be made available to the above described property provided all requirements of the District are satisfied . If contracts have not been consumated with North Weld County Water District within on-e year from date of this letter , this letter shall become null and void. Additional comments: Sincerely, NORTH WELD COUNTY WATER DISTRICT l= �ti-' , 7L le D. Nelson , Manager LDN/wb for: . • - a.e.ra.d .. ^ =.-.'d.a_.1-.ter. ------._AUG 722 1—.1..'. feign grow An Mt(BT Tarn Prawns, ms a ,';l ANDERS N ANDERSON & PRANCES J. ANDERSON - 14 4 of tie County d WELD .W Stab d Cdrde, •''\�i=' ter the ee .ideratie♦ d l a ' Ten Dollars and other valuable consid Lion 7. - , b had?aid herby sell and eaaw/b 1:�h4 i ��,�1 `' I DENNIS E. S l'l3E141 .t _ — d the Cowand J LOGAN ,d Stab at Colorado, the :: . w re. property,situate S the Cooney of WELD sad Sub of Colara!o. to-wt. „; Lots 6 and 7 and the ES SW of Section 6, Township 7 North, Range .- N 65 West of the 6th P. M., also known as the Swh of Section 6, in Township 7 North, Range 65 West of the 6th P. M. , EXCEPT right of way as granted by Permit, recorded in Book 1485 at page 27 of the Weld County, Colorado, records, . 1 1 TOGETHER with 21 shares of Water Supply and Storage Company, ... �' ( together with all other water and water rights appertaining thereto or used in connection with said land and all pumping plants, motors, pump houses, or equipment used in producing water from underground strata on this property, EXC₹PTING and reserving unto the Grantors, an undivided one-half interest in all oil, gas and other minerals which the Grantors now own, in and under said land, together with the right of ingress 1 and egress therein and thereto. �==1 t.r v1. a`O �I 144' Y : ;li ' l with d m apwrsen.xw and warrant the title b the seas,.abject-te Deed of Trust in favor l of The Prudential Insurance Company, dated January 12, 1956, recorded January 13, 1956, in Book 1439 at page 536, s I &n.d and d.a,..d tali 26th bel July% ,L D.1s 62 a b .- pe .---- d _ C���'1t (C/f: :s .ti'asfc)t_(ink) tom' 1I1 ��`ders W. And rsah fir, [ _YddflCLa: oeCc.w.- ._(SW) Prances . Anderson _ORAL.) o ..- 0 rrATS 01 CO[A----- 1 N Cone. J WeldIa N The fortieth;bvoxct ft scv..'.^izd before-we this 26th JAY of July 1►62 . M Anders W. Anderson 6 Prances J. Anderson. Miami q bad ad ducal seal - �`..a.hsdw s. Jan. 14, 1955. CD -��y, c.',. - / / _ / 1 , :. wk.." lJua 1. cart Y _ >. _ ve a.. . , l ,, i , . t 5 , . , . NAMES OF OWNERS OF PROPERTY WITHIN 500 FEET Please print or type NAME ADDRESS, TOWN/CITY, ASSESSOR'S PARCEL STATE AND ZIP CODE IDENTIFICATION # Wolf Farms Rt 1 Box 189 Au Lt, CU 80610 070201nnnn14 Stark 80524 165 Adriel Or. Ft. Collins cu 0707.12000017 Widmaier _ Box 475 Ault, CO 80610 070907000015 • i �Vr 7: •G AFFIDAVIT OF INTEREST OWNERS SURFACE ESTATE Application No. Subject Property Stiteijnwl I Roali u) C'. l 74 1 ' 7000 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 Recorder. The list compiled from the records of the Weld County Assessor shall have been assembled within thirty (30) days of the ((application submission date. CT-6,1;1e n . JC f_G a The foregoing instrument was subscribed and sworn to before me this of day ----/LL f , 19 WITNESS my hand and official seal. v(^ My Commission expires: Notary Public AFFIDAVIT OF INTEREST OWNERS MINERALS AND/OR SUBSURFACE Application No. Subject Property S -i--cLothfr n I �� � � ) Q �� nfl e, ,,, Be1Jn 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 and addresses of all mineral owners -and lesses of mineral owners on or under the parcel of land which is the subject of the application as their names appear upon the records in the Weld County Clerk and Recorder's Office, or from an ownership update from a title Or abstract company or an attorney. The foregoing instrument was subscribed and sworn to before me this / day of 7 Z, �/ , I9c WITNESS my hand and official seal. My Commission expires: s /i47d7 Notary Public ADDITIONAL INFORMATION STUEHM USR 1) The current number of patrons employing Stuehm feedlot are four, and have been for several years. 2) The number of employees is none; this is a family-run operation. 3) The access route used for shipping and receiving cattle is WC1; 37 from Hwy. 14 and enter property from the south off WCR 84. 4) Vehicular traffic associated with the operation are cattle trailers with diesel tractors, 75,000 lbs. gross weight, 48,000 lbs. net weight. The frequency is 50 loads in during the months of October and November and 100 loads out March through May. 5) The drainage facility is a 75,000 cubic foot sump pit with pumping unit to lift effluent onto farmland. 6) The manure is stockpiled in pens and seasonally hauled onto farmland. 7) Located in the Ault fire district. 8) The original feedlot has existed on this site since the 1920's, which was owned and operated by Sam Spencer. 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